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THE

LAW AS A VOCATION

P< f^

FREDERICK J.j^LEN

'lAssistanl JDireflor, ^ureau of Vocational Quidanee
"Dimsion of EJuStton, Harvard Umiiersily

WITH AN INTRODUCTION

WILLIAM HOWARD TAFT

CAMBRIDGE, MASS.

PUBLISHED BY HARVARD UNIVERSITY

1919

AVI rights reserved

PREFACE

IT is the purpose of the following pages to present a
clear, accurate, and impartial study of the law in
the hope of offering assistance to those who are at-
tempting to choose a career or who are about to enter
upon the profession. This necessitates a review of the
nature of the law, present-day legal conditions, per-
sonal and educational entrance requirements, the dan-
gers and disadvantages incident to practice, the high
professional demands made upon the lawyer, the varied
fields of service open to him, his probable earnings and
emoluments, — in a word, all that has a distinct and
important bearing upon the law as a vocation.

If this book confirms the young man of abiHty in his
choice of the profession and keeps out of its ranks those
who have not the natural and acquired fitness neces-
sary for success, the purpose of the book will have been
accomplished. It is sent out to young men and their
advisers with this end in view.

While this publication does not claim to be exhaus-
tive or final, the investigations upon which it is based
have been made with extreme care. Lawyers of high
professional standing and people connected with many
divisions of the profession have been interviewed. All
available sources of information have been used and
the material, both in its rough draft and in its final
form, has been submitted to many authorities.

IV PREFACE

Special acknowledgment is due the following per-
sons: —

Dean John H. Wigmore, of the Law School of North-
western University, who contributed valuable sug-
gestions and material and read the proof of the first
edition of the book.

Dean Homer Albers, of the Law School of Boston Uni-
versity, who read the original manuscript in full.

The late Dean Ezra R. Thayer, of the Law School of
Harvard University.

The Librarian of the Social Law Library, Boston, for
use of the resources of the Library.

Mr. Arthur W. Spencer, Editor of The Green Bag, for
helpful suggestions on legal publications.

My associates in the Bureau of Vocational Guidance,
who have contributed valuable material for Chapter
V ia this revision of the book.

Frederick J. Allen.

Cambridge, Massachusetts,
January, 1919.

CONTENTS

PAGE

Introduction by William Howard Taft . . . vii

CHAPTER I

The Field of the Law 3

The nature of law — Changing functions of the lawyer —
Classes of lawyers : The general practitioner — The crimi-
nal lawyer — The tort lawyer — The real-estate lawyer —
The patent lawyer — The admiralty lawyer — The cor-
poration lawyer — Office practice and court practice —
Private practice — Public practice — The notary public
and justice of the peace — A court — Court officials —
The court practitioner — Sumn^ary and outline.

CHAPTER n

Service and Opportunities in the Profession . 12
Common forms of practice — Routine of law work —
Public prosecutors — The bench — The judiciary —
Clerk of court — Member of special commission or court
— Master and auditor — Register of probate — Register
of deeds — The lawyer in business — In education — In
authorship — In government — In social service — As
counsel for the people.

CHAPTER in

Preparing for the Profession 23

Qualities required in the lawyer — Early office training —
View of Lincoln — Passing of the office method — Growth
of law courses — Collegiate law courses — Special law
schools — Graduate schools of law — Requirements for

VI CONTENTS

admission — Raising the standard — The case method —
Introduction of the case method at Harvard — Purpose of
a legal education — Degrees in law — Legal publications

— Wide study necessary — Leadership in the law.

CHAPTER IV

Entering into Practice 35

The bar and bar associations — Admission to the bar —
Rules adopted by American Bar Association — Rules of
admission in various states — Code of ethics of the Ameri-
can Bar Association — Disbarment — Where to begin
practice — Acquiring a practice — Assistant in law office

— Independent practitioner — Customary fees of the pro-
fession — Minimum fee — Drawing deed or mortgage —
Drawing wills — Court service — Settling case out of
court — Settling small cases — Larger cases — Bank-
ruptcy cases — Examining titles — Writing legal opinions

— Fixing amount of legal fee — Salaries of legal officials
and judges — Objections to entering the profession — Low
average earnings — Statement from " American Law Rec-
ord " — Table of earnings — Incompetent practitioners

— The law a fighting profession — Ethics in taking a case.

CHAPTER V

Present Tendencies in the Profession .... 54
Increase in the number of law schools — Longer courses
offered • — Changing standards for admission to the bar —
Obligations of the lawyer to the state, courts, and clients

— The lawyer's connection with goveriunent — Examina-
tions for admission to the bar — Private relarion to the
community — Summary of state examination require-
ments — Overcrowding in the legal profession — Sug-
gested remedies — The attitude of the bar toward
commercialism.

INTRODUCTION

THE importance of the law as a profession has not
been reduced but is greatly increased by the new
era which is to follow this war. The formulation into
a practical advance of the new ideals must be the
work of lawyers. Lawyers in their profession are syn-
thetic and constructive. Many a man can deliver an
oration, painting in beautiful colors the principles
which should guide and the purposes which should be
achieved, but the number of men who can draft the
statutes and prepare the machinery by which the prin-
ciples can be sustained and the ideals realized is lim-
ited. The study of the profession of the law giving,
as it does, familiarity with the actual operation of
statutes, the difficulty of their enforcement growing
out of the defects of human nature in those whose
compliance with the law is necessary, and a knowl-
edge of the administration of ju^ce — all fit lawyers
to lead in the real progress of a nation. More than
this, in the progress likely to take place, the nice bal-
ance between private right and public necessity must
be preserved in order that individual initiative and the
spur of the advance of all by the advance of each shall
not be lost. It is lawyers who are to defend this pri-
vate right. It is lawyers who are to assert the neces-
sity of the public weal. It is lawyers on the bench who

viii INTRODUCTION

are to hold the balance even between the two. Never
in the history of the world is the profession of the law
to play a greater part than in the century to follow this
great upheaval of fundamental elements of society.

William H. Tapt.

Washington, D.C.

January 14, 1919.

THE LAW AS A VOCATION

CHAPTER I

THE FIELD OF THE LAW

ANY yovmg man who approaches the study of the
law as a possible future profession is more than
likely to get his first impression of the lawyer from the
stories of famous court practitioners, or from the biog-
raphies of statesmen, poKticians, and successful busi-
ness men. It is probable that if he tries to form a
concrete picture of the lawyer, he imagines him either
as an attorney advising his clients upon legal matters
or in a court room pleading a case. That there are
many other activities in which a lawyer may engage,
and that his profession includes not only interesting
possibilities for service, but also a great variety of pos-
sible connections with industrial, municipal, and edu-
cational matters will be made clear by the account
which follows.

In its historical development law followed the estab-
Ushment of govenmient. It gradually came to consist
of the body of rules and practices relating to the con-
duct of men in communities. All law may be regarded
as an expression of public will and custom, slowly de-
veloping with the advancement of civilization. Its
principles constitute a science; its practice is an art.
Preparation for the profession must involve both the
study of the science and the application of its principles.

4 THE LAW AS A VOCATION

The profession of the law has always appealed to
young men and especially was this true during the
early years of our Republic when its practice opened
many avenues to usefulness and distinction in public
life. Its modem demands are so high, and the condi-
tions of genuine success so exacting that it is inevitable
that many of the iU-equipped and misgtdded begiimers
who flood the ranks of the legal profession should fail
of success.

The early service of the lawyer in England was as an
attorney in the courts, as one ofl&cer of a system to
establish or maintain justice. It was necessary that
each of the litigants or disputants in a case at law
should be represented by a person especially trained in
the law, who could present his cHent's case in its strong-
est aspect and call the attention of the presiding oflScer,
judge, or jury to the law set forth as applying to the
case. This was the lawyer's first service in the com-
mimity. He has always been regarded as an officer of
the court, to assist in the working out of the law's just
application between man and man.
' The functions of the lawyer as attorney in the courts
have greatly enlarged. With the gradual evolution of
society and the development of the complex system of
law in our modem civilizatiQn the profession of the law
has broadened into various and clearly defined fields of
service. ' Thus the lawyer of the present day may
choose fields of activity that were not open to his pred-
ecessors. Court practice, while still a conspicuous part
of his duty, has given way in large degree to many

THE FIELD OF THE LAW $

other kinds of service, ranging from the writing of legal
papers to acting as counselor for corporations.

In the main fields of practice lawyers may be classi-
fied into five leading divisions. Any lawyer may have
the bulk of his practice in one of these major fields, and
have at the same time some activity in any other field.
The main divisions are, the General Practitioner, the
Criminal Lawyer, the Tort Lawyer, the. Real Estate
Lawyer, and the Patent Lawyer. A sixth division is
the Admiralty Lawyer.

The general practitioner performs various kinds of
legal service, such as may be caUed for in any com-
munity. These are treated at length in Chapter II.

The criminal lawyer is one whose chief practice lies
in the criminal courts, deahng with offenses against
society or the state.

The tort lawyer tries damage stiits, as in case of tres-
pass, accident, or other injury. Industrial accident
cases figure largely in this division, which is an exten-
sive and distinct field of the profession. One may be a
plaintiff lawyer, regularly handling cases for parties
who claim damage; or a defendant lawyer, generally
serving a Uability insurance company, corporation, or
other employer, that may be sued for damages.

The conveyancer or real-estate lawyer is chiefly an
examiner of titles, mainly for savings banks, coopera-
tive banks, and individuals. He acts, also, as trustee,
and holds funds for investment. He is in close touch
with the real-estate business, as agent in buying and
selling, and may himself engage in that business. He

6 THE LAW AS A VOCATION

may be called to practice in the probate courts in the
administration of estates, handling trusts, and in the
appointing of guardians. Because of his knowledge of
the law, the lawyer is very generally chosen for services
of this nature.

The patent lawyer acts as an agent in securing pat-
ents from the national government and as'general at-
torney in patent cases.

The admiralty lawyer deals with htigation arising
from accidents or other causes at sea. This is a highly
speciaHzed division of the law and one of increasing
importance.

Ofl&ce practice and court practice are closely related
and both may enter into the work of any lawyer. The
general term used upon lawyers' signs is " Attorney
and Counselor-at-Law," thus indicating this double
form of activity. The collector of accounts may sue a
debtor and take the case to the courts, thus passing
into the field of court practice. Yet the legal adviser,
or counselor-at-law, in a multitude of instances brings
about the settlement of cases out of the court.

In England the terms " barrister " and " solicitor "
have long been used to distinguish kinds of practice.
The barrister is the court practitioner; the solicitor,
the office practitioner. The latter is not allowed, as in
this country, to appear as pleader in the courts, but
must be regularly represented by a barrister. On the
other hand the latter very generally employs a solicitor
to prepare a case for presentation in the courts. While
we have adopted the EngKsh common law we have

THE FIELD OF THE LAW 7

abandoned these restrictions imposed in that country
upon its practice.

Many lawyers appear but little before the courts,
often but a few times a year, and some never enter
court at all. Such are ofl&ce practitioners and general
counselors, and their practice is largely of a private
nature.

In such practice lawyers examine the validity of
titles to property for persons about to make purchases;
they draw up wills, contracts, corporation papers, or
other legal documents; they act as trustees for estates
in cases calling for legal training, as administrators and
executors of estates, as guardians for minors, as col-
lectors of accounts for individuals or for corporations,
as general advisers on questions of law, or as legislative
agents.

Such private practice constitutes a large part of the
work of the profession, and young men who study law
must look forward in the main to this kind of activity,
often commonplace and uninspiring but useful and
necessary in modem communities.

On the other hand the work of the oflSce practitioner
may be public, semi-official, or of a distinctly judicial
nature. In this case the lawyer acts as public admin-
istrator, master in chancery, referee in bankruptcy
proceedings, auditor of public accounts, and justice of
the peace or notary public.

Such duties, especially of the notary and justice,
may be combined with those given above as belonging
distinctly to the private field.

8 THE LAW AS A VOCATION

Lawyers, whether in court or cflSce practice, usually
become notaries or Justices for the convenience of their
cKents who may desire to acknowledge deeds or other
legal papers. Sometimes men outside of the profession,
whose business or associations offer opportunity for
such service, obtain appointments and act as notaries
and justices.

Appointments to these offices are made by the gov-
ernors of states, upon the payment of a small fee and
for a definite term of years.

A court is a place for the administering of justice
under the law. It is an organized body, having clearly
defined powers, and meeting at fixed times and places,
to hear and decide upon cases at law and other matters
that may be brought before it. Its head is the judge
who presides, and decisions are rendered by the judge
or, in jury session, by a jury of twelve men chosen from
the voting list of the district in which the court meets.

The usual officials of a court are the following:

1. Attorney and counsel, who present and manage
the business of the court.

2. A Clerk, who records and attests its acts and
decisions.

3. Court Officers, who maintain decorum.

4. A Probation Officer, in recent times.

5. Interpreter.

6. Stenographer.

7. Attendants and assistants.^

' See Cyclopedia of Law and Procedure, American Law Book Co.,
ii, 654-

THE FIELD OF THE LAW 9

The court practitioner, who may deal with criminal
cases, damage suits, real estate or other property, pat-
ents, or cases of less frequent occurrence, comes before
the federal or state courts according to the nature of
subjects in dispute and the law involved. A simple
offense in a small coiranunity may be treated before a
justice of the peace; in a larger town, before the police
court; in a city, before the police or municipal court.
A more important matter may come within the juris-
diction of the higher state courts, or pass by appeal up
to the Supreme Court of a state. In Massachusetts
the Superior Court is the great trial court. Still other
cases, affecting the laws or interests of the national
government, or affecting the interests of more than a
single state, or of citizens in different states, may come
before the United States district courts, and go by ap-
peal to the United States Supreme Court.

In earUer times in this country the lawyer very gen-
erally entered into all the divisions of the profession,
and the majority of lawyers stiU have a varied practice.
As in other professions, however, there is now a tend-
ency toward specialization in some part of the great
field.

To simimarize and show the various divisions of
practice as a whole, and especially to make clear the
federal and state courts, the following outhne is
presented: ^

1 There are various other special forms of courts or functions of
courts that necessarily are not included in this list.

lO THE LAW AS A VOCATION

The Office Peactitioner as a General
coxjnselor

Practice of a Private Nature

1. Examination of Titles.

2. Drafting Wills, Contracts, and Similar Legal
Papers.

3. As Trustee in the Management of Estates.

4. As Administrator or Executor Upon Estates.

5. As Trustee or Guardian for Minors.

6. As Collector of Accotmts.

7. As General Consultant and Legal Adviser.

8. As Legislative Agent.

Practice of a Public Nature

1. As Public Administrator.

2. As Master in Chancery.

3. As Trustee or Referee in Bankruptcy.

4. As Auditor.

5. As Notary and Justice.

The Court Practitioner, in the Various
Courts

The Federal Courts

1. The United States Supreme Court.

2. The United States Circuit Courts of Appeals.

3. The United States District Courts, one in each
district within the circuit.

4. Admiralty Courts.

5. The Courts of the District of Colimibia.

THE FIELD OF THE LAW II

The State Courts

1. The State Supreme Court, held in the various
counties of a state, called the Appellate Court in sev-
eral states.

2. The Superior Court, held in each county.

3. The Probate Court, in each county.

4. The Land Court.

5. The District, Municipal, or Police Court, in large
towns or cities.

6. The Court of the Trial Justice, in small cities or
towns.

Public Offices Based on Legal Training

1. Register of Probate.

2. Register of Deeds.

3. Clerk of Court.

CHAPTER II

SERVICE AND OPPORTUNITIES IN THE
PROFESSION

THE attomey-at-law is occupied mainly by litiga-
tion between private individuals or corporations.
This form of practice, with the minor duties constitut-
ing office practice, as outlined in the preceding chap-
ter, makes up the larger part of the activity of the
profession. Very frequently individuals of fair intel-
ligence, honesty, and judgment in business matters,
but having no training in the law, serve as trustees,
administrators, executors, or guardians. The lawyer,
however, by virtue of his legal training, is eminently
fitted to act in these and similar forms of practice. In
the examination of titles and the drafting of all sorts
of legal papers a considerable technical knowledge of
the law, beyond that usually acquired by the layman,
is indispensable. Such minor activities, especially in
connection with the preparation and execution of legal
papers, in some instances compose the lawyer's main
practice.

The lawyer spends a part of his time in studying law,
reading statutes, decisions, reports, and treatises. The
printed decisions in various states range from one to
eighteen or twenty volumes a year. With these and

OPPORTUNITIES IN THE PROFESSION 1 3

other legal material the lawyer is bound to have some
acquaintance. Furthermore, the lawyer spends part of
his time studying miscellaneous topics, which become
the subject of litigation, such as street paving, the coal
business, the chemistry of wall paper, and so on. Every
science may have something to say to the lawyer. Part
of his time is spent in consultation with his clients ; first
of all to ascertain the facts of their case, and afterwards
to explain to them their rights on the facts. He also
spends time writing letters, and doing sundry business
incidental to giving advice to his client. This work for
the client branches out into a search for missing wit-
nesses, examination of records of deeds to discover the
ownership of real estate, the perusal of the account
books of a cHent to find out the balance of a claim, or
similar investigations. Furthermore, part of his time
is spent in the writing of pleadings and briefs; the
pleadings are the statements of claim or defense made
by lii'm to the court; the briefs are his written argu-
ments of law giving the legal reasons why the law
favors his client's case. Finally, he spends much of his
time in argmnents to the judge and the jury; and in
the examination of witnesses and other proceedings in
court. Here, as in aU occupations, nine-tenths of the
work is what may be called routine work, or even
drudgery. This cannot be escaped. The lawyer does
not spend his time in preparing and delivering eloquent
orations. As in other occupations, the really interest-
ing work, full of perpetual zest, is usually a small part
of the whole.

14 THE LAW AS A VOCATION

The time for the lawyer's work is not fixed. He may
work four hours a day, or twenty-four hours a day.
He has few holidays and vacations; and the more suc-
cessful he is, the fewer he is likely to take.

The clients with whom the lawyer has to do are of
all sorts, rich and poor, old and young, bankers, car-
drivers, public ofl&cials, ragpickers, railroad superin-
tendents, and persons in all the walks of life. Some
lawyers who have specialized in their practice may
meet only one class of cHents, for example, bankers;
but this is not usual.

An attorney who is conducting a case in court often
has the advice and aid of other lawyers as counsel or
associates.

There are many lawyers throughout the country en-
gaged in the public service as salaried prosecuting
officers, both by appointment and by popular election.
They serve as attorneys for town, city, county, district,
state, and nation. These positions, in state and fed-
eral service, are as follows:

1. Town or City Solicitor.

2. County or District Attorney.

3. The Attorney General of a state, and his assist-
ants.

4. The United States District Attorney, and his
assistants.

5. The Attorney General of the United States, and
his regular and special assistants.

There are also lawyers connected, as federal offi-
cials, with various government bureaus, such as the

OPPORTUNITIES IN THE PROFESSION IS

Bureau of Insular Affairs or the Bureau of Engraving
and Printing.

The duty of the public prosecutor is obviously to
prosecute all offenders against the laws of the jurisdic-
tion, or district, which he represents. Thus a county
attorney would prosecute offenders for offenses com-
mitted within his county; a district attorney, for of-
fenses within his district. The city solicitor seldom
conducts a prosecution. He advises* city officials and
defends the city in civil suits brought against it.

The attorney general of a state has jurisdiction
throughout the state, and usually takes personal
charge of the more important cases on trial. Such an
official must defend his jurisdiction in suits brought
against it for any cause. He is also regularly called
upon for legal opinions on questions arising in govern-
mental affairs, and is the official legal adviser of the
chief executive over him, as mayor or governor.

The bench is the term used for the body of the judges
who preside over the various courts, state and federal.
Judges are usually appointed or elected from the ranks
of lawyers of extended court practice and of judicial
temperament. The trial justice or the police-court
judge may be a layman appointed to the office, but the
higher positions demand the utmost legal training, the
fullest knowledge of law, and known honesty and fair-
ness of mind.

The judiciary in this country includes the follow-
ing:—

1 6 THE LAW AS A VOCATION

In the State Courts

1. Judge of the Court of the Trial Justice.

2. Judge of the Police Court, Municipal Court, or
District Court.

3. Judge of Probate.

4. Judge of the Superior Court of a State.

5. Associate Justice of the State Supreme Court or
of the Appellate Court.

6. Chief Justice of the State Supreme Court.

In the Federal Courts

1. Judge of a District of Columbia Court.

2. Judge of a special court, such as Court of Claims.

3. Judge of the United States District Court.

4. Judge of the United States Circuit Court of
Appeals.

5. Associate Justice of the United States Supreme
Court.

6. Chief Justice of the United States Supreme
Court.

The clerk is an officer of a court of justice who has
charge of the clerical part of its business. He is the
recording officer of a court. He has the custody of its
seal, keeps its records, issues processes, administers the
oath to witnesses before the court, enters judgments
and orders, gives out certified copies of the records, or
performs such other duties as are connected with its
records. He is appointed to office by a court or judge

OPPORTUNITIES IN THE PROFESSION 1 7

or elected by popular vote, for a term fixed by statute
or other provision.

The clerk may or may not be a lawyer, but must be
skilled in court procedure. Unofl&cially he sometimes
advises with the attorney or counsel for either side of
a case upon its conduct in the court. Frequently, also,
the clerk of a court becomes a practicing attorney.

A lawyer at the bar or a judge on the bench may be
appointed a member of a special commission, board,
or court, such as the Boston Transit Commission, the
Metropolitan Water and Sewerage Board, The Massa-
chusetts State Board of Arbitration and Conciliation,
or the Hague Court of Arbitration. Such bodies are
created, generally, to investigate and determine ques-
tions in which vital points of law are involved, and
draw their members largely from the legal profession.
A special board or commission often employs legal
counsel to aid in the conduct of its work.

In equity cases a lawyer may be appointed by the
court, usually upon the recommendation of the oppos-
ing lawyers in a case, to hear the evidence and report
to the court upon the facts of a case. The master's
ofl&ce is a branch of the court. The lawyer appointed
for this service in law cases is called an auditor.

The registry of probate is the recording division of
the probate court. The register of probate is the re-
cording officer of a county for the probating of wills.
He has the care and the custody of all books, docu-
ments, and papers belonging to the court or filed in
the registry of probate, such as records of the admin-

r8 THE LAW AS A VOCATION

istration of estates, of the appointments of guardians
for minors or other persons, of the adoption of children,
or of changes in the names of individuals.

The register is elected for a term of years by popu-
lar vote. He must be fully trained in the law. His
office is an important one, along with that of the judge
of probate, and is regularly filled by a lawyer.

The register of probate generally has an assistant
who is appointed by the judge of probate.

The register of deeds is the keeper of land records
for a coxmty or district of a coimty. His duty is to
record all deeds and other legal instrimients relating
to land transfer which must be kept on file in the reg-
istry of a county or district, and to attest and give out
copies to persons entitled to them.

The register of deeds is nearly always a practicing
lawyer. He is elected for a term of years, and ap-
points his own assistant.

Some lawyers serve as the salaried attorneys and
counselors of corporations. In the increasing complex-
ity of modem industrial conditions, in which business
is becoming largely professionalized, this form of serv-
ice is of growing importance. It may be the lawyer's
only activity, and it sometimes leads to his becoming
a general manager or other official of a corporation,
leaving his place as special counsel to be filled by an-
other member of the profession. As in state affairs,
especially in earlier times, the influence of the lawyer
is now permeating the fields of industry and com-
merce.

OPPORTUNITIES IN THE PROFESSION I9

The general work of the profession falls into two
major divisions of practice, office practice and court
practice. Office work in turn divides into private and
public.

While a few lawyers enter business at the top,
through becoming attorneys for large business enter-
prises, very many young men with legal training,
which is of value in all forms of business activity, go
into various positions in the business world instead of
undertaking the practice of law at all, or after prac-
ticing for some length of time. In many cases young
men take the law school course as a preparation for
business, especially the courses offered by evening law
schools.

Sometimes lawyers who conduct an active practice
are engaged also in business enterprises, alone or as
partners or associates of others, as in the case of the
real-estate lawyer.

Practicing lawyers and men trained in the profession
are engaged in teaching the various branches of the
law, as professors, instructors, and lecturers, in many
educational institutions in this and other countries.
Such institutions include law schools, schools of com-
merce and finance, medical schools, colleges, and uni-
versities.

In addition to practice, and frequently out of their
practice, some lawyers become writers and journalists.
There is an ample field in the law journals, secular
magazines, the daily press, and in legal textbooks and
treatises on legal subjects. By deahng with the great

20 THE LAW AS A VOCATION

pubKc questions of the day, the lawyer as writer may
become a publicist of far reaching influence.

Even more than in other coxmtries lawyers in this
country have borne a large part in public life from the
founding of the Republic. Not only has the profession
filled the judicial department of government, but it
has contributed very largely to the legislative and ex-
ecutive branches. This is due to several causes, the
public nature of the lawyer's practice, his wide ac-
quaintance, his knowledge of men and of civil and po-
Ktical affairs, and frequently his experience and ability
in pubHc speaking. This place of the profession in
poHtical Kfe is to be expected, also, from the fact that
those who know the law are well equipped to take a
leading part in its making and enforcement.

Lawyers are found in considerable numbers in the
governing bodies of towns and cities, in state legisla-
tures, and in the National Congress. Many governors
of states, some of our presidents, and members of their
cabinets have been lawyers.

The lawyer's training and his place in the commu-
nity should make him naturally an adviser and leader
in movements for the pubHc good. When public-
spirited, he enters into many social, civic, educational,
and philanthropic enterprises. In the Free Legal Aid
societies the lawyer renders one of his most useful
services.

In practice before a legislative body public interests
are involved. Here the lawyer may render the highest
service to the community, like that of the founders of

OPPORTUNITIES IN THE PROFESSION 21

the Republic. The great social, economic, and indus-
trial problems of the present time, such as the regula-
tion of trusts, the fixing of railway rates, the munid-
paHzation of pubHc utiUties, and the relation between
capital and labor call for the exercise of legal abihty of
the highest order.

" Here, consequently, is the great opportunity of the
bar. The next generation must witness a continuing
and ever-increasing contest between those who have
and those who have not. The industrial world is in a
state of ferment. The ferment is in the main peaceful
and, to a considerable extent, silent; but there is felt
today very widely the inconsistency in this condition
of poHtical democracy and industrial absolutism. The
people are beginning to doubt whether in the long run
democracy and absolutism can co-exist in the same
community: beginning to doubt whether there is a
justification for the great inequahties in the distribu-
tion of wealth, for the rapid creation of fortunes, more
mysterious than the deeds of Aladdin's lamp. The
people have begun to think; and they show evidence
on all sides of a tendency to act. Those who have
never had an opportunity of talking much with labor-
ing men can hardly form a conception of the amoimt
of thinking that they are doing. With many it is the
aU-absorbing occupation, the only thing that occupies
their minds. Many of these men otherwise uneducated
talk about the relation of employer and employee far
more intelligently than most of the educated men in
the community. The labor question involves for them

22 THE LAW AS A VOCATION

the whole of life and they must in the course of a com-
paratively short time realize the power which lies in
them. Many of their leaders are men of signal ability,
men who can hold their own in discussion or action
with the ablest and best educated men in the commu-
nity. The labor movement must necessarily progress;
the people's thought wiU take shape in action, and it
lies with us to say on what lines the action is to be ex-
pressed; whether it is to be expressed wisely and tem-
perately or wildly and intemperately; whether it is to
be expressed on Knes of evolution or on lines of revo-
lution. Nothing can better fit one for taking part in
the solution of these problems than the study and
preeminently the practice of law. Those who feel
drawn to that profession may rest assured that they
will find in it an opportunity for usefulness which is
probably unequaled. There is a call upon the legal
profession to do a great work for this country." *

' From an address upon The Opportunity in the Law, by Louis D.
Brandeis, before the Harvard Ethical Society on May 4, 1905;
printed in the American Law Review for July-August, 1905.

CHAPTER III

PREPARING FOR THE PROFESSION

CERTAIN personal qualities are fundamental for
success in the law; others, though of high value,
are secondary. The fundamental quahties are as
follows:

Moral Integrity, worthy of the trust often involved
in handling the property and other interests of clients,
or able to withstand inducements to unprofessional
conduct. This involves intellectual honesty.

Persistence, to carry on to completion any piece of
work vmdertaken. This means unlimited capacity for
hard work.

Sound judgment, to take a right and well-informed
attitude in questions involving law and facts.

S^if^coi^^ideMce, a behef in one's ability successfully
to handle a task when once entered into.

Concentration, power to bring all one's thought and
activities to bear on a case in hand.

These basal quahties, with adequate training in the
profession, are hkely to bring at least a fair degree of
success; the lack of any one of them is a serious handi-
cap, and accounts for most failures.

The following characteristics are of decided advan-
tage in the law:

24 THE LAW AS A VOCATION

Tact, so to conduct one's seK towards clients and
others as to ensure cooperation and good-will.

Spirit oj fellowship, towards professional and other
associates, ability to mingle with men.

Business sense, for handling trusts and for wise ac-
tion in general business matters.

Accuracy, in noting and presenting details.

Poise, to act deUberately in matters involving excite-
ment or haste.

Decision, the power of decisive action in case of need.

Vigilance, to guard the interests of cHents.

Foresight, to see in advance the probable result of a
course of action or of a sequence of events.

Caution, in reaching conclusions and in making state-
ments to clients or others, in private or in public.

Fair-mindedness, fair play towards an adversary.

Power of analysis, to resolve a case or an argument
into its component parts. This means logical capacity.

Power of original thought, to work out problems in
which no precedent is found.

Power of clear expression, to present facts clearly to
a client, judge, or jury. The court practitioner must
be able to speak effectively.

Knowledge of human nature, to understand rightly
the personal and human element in a case.

Gift of sympathy, to take the part of a chent properly.

Nature of a student, to keep in touch with the prog-
ress of the common law, with changes in the statutes,
and with decisions of the courts, along with one's own
special practice.

PREPARING FOR THE PROFESSION 25

Nature of an investigator, to study a case in its deep-
est relations and most intricate bearings.

High-mindedness, to rise above the petty contentions
of the profession and to aim at absolute justice in legal
causes; to dignify practice with character.

A lawyer of wide reputation, the dean of a well-
known American law school, has suggested the follow-
ing requirements for the successful practice of law:
Mental capacity, ability to deal with abstract ideas; a
mind capable of receiving polish, by educational proc-
esses; the full training of modern courses in law;
general culture.

In the earlier history of the American bar young
men prepared for the profession by " reading law," or
stud3Tng, in a lawyer's office. They then perfected
themselves by long years of practice. Prospective
students generally sought to study with lawyers of abil-
ity and reputation. Students were frequently taken
into lawyers' offices in groups or classes. Such study
included the reading of books upon the law, the prepa-
ration of legal papers, investigation of facts and cases
for the lawyer or firm giving the training, and attend-
ance upon cases in court. The results in some cases
were satisfactory, as is shown by the eminent lawyers
of former years who received their training in this
way.

That even the office method of preparation could be
modified, and that the law student was quite independ-
ent of school or office, is evident from the following
advice of Abraham Lincoln to a young man in 1855 :

26 THE LAW AS A VOCATION

" If you are absolutely determined to make a lawyer
of yourself the thing is more than half done already.
It is a small matter whether you read with any one or
not. I did not read with any one. Get the books and
read and study them in their every feature; and that
is the main thing. It is no consequence to be in a
large town while you are reading. I read at New
Salem, which never had three hundred people in it.
The hooks and your capacity for imderstanding them
are just the same in all places. . . . Always bear in
mind that your own resolution to succeed is more im-
portant than any other one thing."

Most young men who entered the profession studied
in law ofl&ces and were admitted directly to the bar,
without law school training. While the old method of
reading law in an ofi&ce is still followed to a slight ex-
tent in small towns at a distance from law schools, it
has become necessary that the student take at least
a partial course in a law school. The increasing com-
plexity of the law, the multiplication of decisions year
by year, the later widening of the lawyer's practice,
and the great complexity of modem business have all
tended to this result. The late Chief Justice Waite
thus spoke in regard to this change: " The time has
gone by when an eminent lawyer, in full practice, can
take a class of students into his office and become their
teacher. Once that was practicable, but now it is
not. The consequence is that law schools are now a
necessity."

IPREMRING FOR tHE PkOEESSlON 27

But before law schools were estabKshed in this coun-
try, law was taught to some extent in American col-
leges as a part of a liberal education. In a few colleges
and universities there were professorships of law, and
some of the foremost lawyers of the times taught or
lectured in the higher institutions.

The first special law school established in America
was that of Judge Tapping Reeve, a graduate of
Princeton. This school was opened in 1782 at Litch-
field, Connecticut, and became famous throughout the
country. It closed its doors in 1833, having enrolled
1024 students many of whom were later eminent in
the profession. The Harvard Law School was estab-
lished in 1817, and that at Yale in 1824. The number
increased slowly, however, until after the Civil War
period.

The law school is a distinct development in the
growth of a great profession. It is more than a neces-
sity; it is a great advantage. Important gains result
from the constant association of students and teachers
in the class room and in the general school Ufe. The
lawyer must mingle freely with men and the training
of the modem law school gives an ideal preparation
for active practice.

While law schools in the past, especially those offer-
ing evening courses, have admitted young men having
only a high school education or its equivalent, and in
some instances less than that, the present tendency
is towards increasing entrance requirements. Some
schools, especially those connected with the great imi-

28 THE LAW AS A VOCATION

versities, now demand one or two years of college work,
and two at least now admit only students having the
college degree of A.B. or B.S.

This demand for a higher standard in entrance re-
quirements is clearly indicated by the recent action of
many law schools, as shown in the following quotation
from the Report of the United States Commissioner of
Education for 1910:

" The need of a higher standard in general education
as a preliminary to the study and practice of the law
is being generally recognized. Beginning with the
school year 1911-12, the entrance requirement in
Western Reserve University, Franklin T. Backus
School of Law, will be the degree of A.B. or B.S. ; Uni-
versity of Minnesota college of law, two years of college
work; University of Missouri school of law, two years
of college work; University of California, Hastings
College of Law, one year of coUege work; University
of Illinois college of law, one year of college work; Uni-
versity of Kentucky college of law, one year of college
work; Cornell University college of law (for three
years' course), one year of coUege work; University
of Nebraska coUege of law, one year of college work.
Beginning with the school year 191 2-13, the entrance
requirements in the University of California, Hastings
College of Law, will be two years of college work; Uni-
versity of Colorado department of law, Colorado Law
School, two years of college work; University of Den-
ver law school, one year of coUege work; University
of Kansas school of law, one year of coUege work; Uni-

PREPARING FOR THE PROFESSION 29

versity of Michigan department of law, one year of
college work.

" Of the 765 students enrolled in Harvard Law
School in 1909-10, all except 6 were college graduates.
' When the bachelor's degree was reqviired for ad-
mission there in 1897, exception was made for special
students, not graduates of colleges, who might be ad-
mitted after examination, and on completing the work
of the school with an average grade of B might receive
the degree. The number of men who availed them-
selves of this opportunity has not been large, and has
gradually diminished.' Therefore, ' the faculty of the
school voted that hereafter special students should
not be eligible for the degree of bachelor of laws.' " ^

In addition to the use of case-books or textbooks
and lectures in the law school concrete cases at law
are studied as in actual practice. The class room is
made to serve as a court room. The student is trained
to think and reason logically and clearly by a right
use of this system. He masters a case by actual study
of it, and comes to rely upon himself in handling it at
the outset. He is student and practitioner in one. The
advantage of this method has commended itself so gen-
erally that law schools in all parts of the country have
adopted it.

President Emeritus Eliot in speaking of Professor
LangdeU, who introduced the case system at Harvard,

1 Schools of Law, in Professional Schools, Chapter XXIII of
Report of the United States Commission of Education for igio.

30 THE LAW AS A VOCATION

said : " He told me that law was a science. I was quite
prepared to believe it. He told me that the way to
study a science was to go to the original sources. I
knew that was true, for I had been brought up in the
science of chemistry myself; and one of the first rules
of a conscientious student of science is never to take
a fact or principle out of second-hand treatises, but to
go to an original memoir of the discoverer of that fact
or principle. Out of these two fundamental proposi-
tions — that law is a science, and that science is to be
studied in its sources — there gradually grew, first, a
new method of teaching law; and, secondly, a recon-
structioh of the curriculiun of the school."

The principal degree given by American law schools
is that of Bachelor of Laws, LL.B. In the report of
the Committee on Legal Education of the American
Bar Association for 1906, the latest giving such infor-
mation, it is stated that ninety-six schools grant this
degree. Of these forty-eight require a fuU high school
education for entrance and maintain a three-year
course of study. Several schools offer the degree of
Bachelor of Law, L.B., Bachelor of Common Law,
B.C.L., or Bachelor of Jurisprudence, J.B. Nine
schools offer the degree of Doctor of Jurisprudence,
J.D., or Doctor of Common Law, D.C.L. Nineteen
grant the master's degree, LL.M., after one year of
postgraduate study in the profession.

The degree of Doctor of Laws, LL.D., is almost uni-
versally reserved in this country to signify the highest
honor a college or university can bestow, for eminent

PREPARING FOR THE PROFESSION 3 1

attainment in any field, for great distinction in some
line of activity, or for high public service.

The primary purpose of legal education, from the
professional standpoint, is to train the mind to think
in legal terms, to know where and how to find the law
applying to a particular case, and after a due investi-
gation of the law and of the facts involved to advise
chants and courts.

" There are two distinct classes of law publications
in this country: First, those pubhcations which are of
primary authority, such as federal and state constitu-
tions, treaties made between the United States Gov-
erimaent and foreign powers, ordinances, government
orders and regulations, and, last, but by no means
least, the reports of judicial decisions. Second, those
books that are published for the purpose of ascertain-
ing and determining the law — books which should
not be depended upon as conclusive in their statement
of the law, for the reason that they are not authori-
tative, but which are valuable as indexes to and as
abridgments of the reports. This class of publications,
which may be designated as books of secondary au-
thority, consists mainly of digests, encyclopedias, and
textbooks.

" You will find it very useful when you engage in
practice to have a familiar acquaintance with all the
various kinds of law books and series of law books that
fall under these different headings; for example, if you
have a case that turns upon the provision of some par-

32 THE LAW AS A VOCATION

ticular treaty made between the United States Gov-
ernment and some foreign power, you should know just
where to go to look for a published copy of the treaty
in question, or, if you have the title of a case decided
in the court of last resort in Pennsylvania, New Jersey,
Kentucky, or Texas, or in some other state where the
* official ' reports do not contain aU of the cases de-
cided, and you find that the decision you want is not
reported in the ' official ' series of reports, it would
prove very beneficial to you to know where to go to
find a report of that case.

" There are so many matters of importance to the
practicing lawyer regarding legal bibliography that it
is as essential a student should learn about law books
and their use as it is to learn the principles of this or
that legal doctrine. . . .

" The average lawyer, unless he has been properly
educated along the line of investigating authorities and
is familiar with the classification upon which the lead-
ing digest and law encyclopedia publications of the
country have been based, is liable to do considerable
guessing and to waste a great deal of time before he
fimds proper reference to the decisions on the principles
of law involved. . . .

" You had better go to a school where you will be
taught the practical end of the business, for I regret to
say it seems to be coming more of a business and less
and less of a profession every day. I could tell you of
many cases that have been lost simply because au-
thorities could not be found and cited to support the

PREPARING FOR THE PROFESSION 33

theory advanced. You may be sure the judges won't
take the time and trouble to investigate the cases
themselves, unless you call their attention to them by
direct citations; nor will they accept your statements
as to what the law is, or what it is not, unless your con-
tentions are supported by proper reference to the
decisions." *

Our law is a national growth, founded on the old
" common law " of England. The student should,
however, become familiar with the laws of other coun-
tries, in the field of comparative jurisprudence. The
first principles of law in all enHghtened countries are
the same, — the fundamental rights of man.

The old aspect of the lawyer as a leader in public
thought is now beginning to return and a movement is
starting to reshape the law and to improve the courts.
In order to take part in these movements and to act
intelligently on the various questions that arise in
communities, the lawyer must be a man of the widest
education and sympathies.

True leadership in the profession wiU depend upon
ability, equipment, and moral and social qualities.
Beneath the heading, Leadership in Law, in a conspicu-
ous place in a well-known law school, appears the fol-
lowing statement:

" The faculty of the Law School believes that mor-
als, as well as learning, are essential to sound leader-

1 The American Law School Review, November, 1906.

34 THE LAW AS A VOCATION

ship through the law, and that both of these qualifi-
cations should be accompanied with judgment, tact,
energy, and decision.

" The training of the Law School will accordingly
seek to cultivate and develop these traits and quali-
fications."

CHAPTER IV

ENTERING INTO PRACTICE

A STRONG fraternal spirit characterizes those who
engage in the legal profession. The bar is the
term used for lawyers as a class, and bar associations
are organizations of lawyers joined together in locali-
ties to further their general interests. The bars of the
various states, counties, or cities are entirely separate
from one another. Each is a brotherhood of lawyers
fostering a community of practice and of ethics.

After the usual course of study the law student may
take the bar examination given annually or oftener in
each state by a board of examiners composed of mem-
bers of the profession. In the past many of these ex-
aminations have been conducted upon a low standard
of attaiimaent and ability on the part of the student,
so that in numerous cases vmworthy candidates have
been admitted to practice. One of the most hopeful
signs, however, is the generally increasing dissatisfac-
tion in the profession itself over this condition, which
is likely to be remedied along with the raising of re-
quirements for entering the law school. The result
will be a higher type of student and candidate for ad-
mission to the bar. The one who successfully passes
the bar examination and meets the usual requirements

36 THE LAW AS A VOCATION

is regularly admitted to practice in the courts of the
state. He becomes a member of the bar of the state,
but not of a bar association except by joining one.

Of the following rules, nine were adopted in 1915 by
the section of Legal Education of the American Bar
Association. These and the remaining rules were re-
ferred in 191 6 by the American Bar Association to the
Committee on Legal Education and directed to be
printed in full in the Association Journal.

1. Examinations for admission to the bar should be
conducted in each state by a board appointed by the
highest appellate court.

2. A law diploma should not entitle the holder to
admission to the bar without examination by this
board.

3. The candidate shall on admission be a citizen of
the United States.

4. He shall also be a citizen of the state in which he
is applying for admission, or prove that it is his in-
tention personally to maintain an oflSce therein for the
practice of the law.

5. Character credentials on application for admis-
sion shall include the affidavits of three responsible
citizens, two of whom shall be members of the bar, and
the affidavits shall set forth how long a time, when, and
under what circumstances those making the same have
known the candidate.

6. Three years' practice in states having substan-
tially equivalent requirements for admission to the bar
shall be sufficient in the case of lawyers from other

ENTERING INTO PRACTICE 37

jurisdictions applying for admission on grounds of
comity.

7. There is no necessity for the insertion in the
rules of a reciprocal comity provision; that is, of a
proviso prohibiting the admission of lawyers from
other states on grounds of comity, unless the state
from which the lawyer comes extends similar courtesies
to lawyers from the bar of the state in which the candi-
date is appl}dng for admission.

8. Students shall be ofl&dally registered at the com-
mencement of their course of preparation for the bar,
but only after a report of the State Board as to fitness,
based upon its inspection of the candidate's credentials
establishing that he has compUed with the require-
ments of rules 8 and 9. The registration shall be with
the clerk of the highest appellate court.

A candidate removing from a jurisdiction having
similar standards for registration may have the regis-
tration transferred. Nunc pro tunc registration may
be permitted, but only when the candidate had the
requisite education at the date as of which he desires
to be registered and he presents sufficient excuse for
not having previously registered.

A candidate, removing from another jurisdiction
where such registration is not required, may be regis-
tered nunc pro tunc under similar conditions.

9. Proof of moral character shall be required as a
prerequisite to registration.

10. No candidate shall be registered as a student at
law xmtil he has passed the necessary requirements for

38 THE LAW AS A VOCATION

entrance to the collegiate department of the State Uni-
versity of the candidate's state, or of such college or
colleges as may be approved by the State Board of
Law Examiners, or an examination equivalent thereto
conducted by the authority of the state.

11. All applicants, after being educationally quali-
fied, should be compelled to study law for four years,
the first three of which must be spent in compulsory
attendance upon, and the successful completion of,
and passing, the prescribed course of instruction at an
approved law school which requires not less than three
years of resident attendance for the completion of its
course and for graduation therefrom, and then the serv-
ice of a continuous year of registered clerkship, as
prescribed, exclusive of aU other occupations: Pro-
vided, however, that the fourth year may be passed in
an approved law school in post-graduate work, and
that the applicant's law school course shaU have in-
cluded adequate courses in procedure and practice.

12. Candidates for admission shall present them-
selves prepared for examination in the following sub-
jects: Constitutional law, including the constitutions
of the United States and . . . (the candidate's state),
equity, trusts and suretyships, the law of real and
personal property, evidence, decedents' estates, land-
lord and tenant, mortgages, contracts, partnership,
corporations, crimes, torts, agency, sales, negotiable
instruments, domestic relations, master and servant,
common-law pleading and practice, federal and state
practice, conflict of laws, professional ethics, the fed-

ENTERING INTO PRACTICE 39

eral statutes relating to the judiciary and to bank-
ruptcy, and the development in . . . (the candidate's
state) of the principles of law, as exemplified by the
decisions of its highest appellate court and by statu-
tory enactment, and other stibjects ordinarily covered
in the curriculum of standard law schools.

13. At least thirty days before the State Board's
certificate shall be issued to any candidates who shall
have passed the examination, the name of such candi-
date shall be published by the Board in a newspaper
of general circulation, and also in a law periodical, if
there be one within the state jurisdiction.

14. From the examination fees received the mem-
bers of the State Board shall receive such compensa-
tion as the highest appellate court of the state may
from time to time by order direct.

15. The fee for examination for admission shall be
$25, and passing upon registration credentials in the
matter of general education qualifications, $5.

16. The State Board shall consist of five members
of the Bar, no one of whom shall receive student can-
didates in his oflSce in preparation for call to the bar,
or be connected with the faculty or governing body
of any law school presenting candidates for admission, ^

The American Bar Association has adopted a code
or canon of ethics, which sets forth the professional

' Rules for Admission to the Bar In the Several States and Terri-
tories of the United States, in force January i, 1917, together with
the Code of Ethics adopted by the American Bar Association, an-
notated to cases in point, ninth edition, St. Paul, Minn., West Pub-
lisliing Co., 191 7.

40 THE LAW AS A VOCATION

duties or ethical obligations of the lawyer. This
code may be briefly summarized in its chief points as
follows :

The duty of the lawyer toward the courts

It is the duty of the lawyer to uphold in all respects
the honor and dignity of the court.

Toward the bench

Only lawyers of judicial fitness and unselfishness
should be elected as judges.

Toward those accused of crime

The lawyer may undertake the defense of a person
accused of crime, and is bound by all honorable means
to help in the securing of justice.

In conflicting interests

It is unprofessional to represent conflicting interests,
except by the agreement of all parties concerned.

Advising upon the merits of a client's cause

A lawyer should advise a chent only upon full knowl-
edge of the cause in question, and should then give his
candid opinion. It is improper for him to assert, in
argument, his personal beUef in regard to the client or
the cause in Htigation. The lawyer must follow his
own conscience rather than that of his client, and
should direct the chent in a right course.

ENTERING INTO PRACTICE 41

Negotiations with an opposite party

A lawyer should not communicate upon a case with
an opposite party represented by counsel.

Acquiring interest in litigation

The lawyer should not acquire any financial interest
in a case which he is conducting.

Charges for professional service

The lawyer's charges should depend upon the value
of his advice and his services to a client, on the magni-
tude of interests involved, and on the client's ability
to pay. Controversies with clients in regard to charges
are to be avoided as far as possible.

Personalities between advocates

All expressions of personaKty between opposing
lawyers are to be avoided.

Treatment of witnesses and litigants

Fairness and consideration should always be ex-
tended to the witnesses and parties of the opposing
side.

Candor and fairness

The lawyer should deal candidly with the facts from
whatever sources and should act fairly and honorably
in the consideration of a case.

42 THE LAW AS A VOCATION

Attitude toward jury

A lawyer should have no private converse with
jurymen or attempt to win their favor by unfair
means.

Advertising

The most worthy and effective advertisement is a
well-deserved reputation for professional capacity and
fidelity to trust.

The lawyer's attitude toward litigation

Stirring up strife and litigation is unprofessional and
is indictable at common law. The lawyer should de-
cline to take a case when convinced that it is intended
merely to work oppression or wrong. He has the right
to decline employment. Every lawyer must decide
upon his own responsibility what business he wiU ac-
cept and what causes he will plead in the courts.

The lawyer's duty in its last analysis

" No client, corporate or individual, however power-
ful, nor any cause, dvil or poKtical, however import-
ant, is entitled to receive, nor should any lawyer ren-
der, any service or advice involving disloyalty to the
law whose ministers we are, or disrespect of the judicial
office, which we are bound to uphold, or corruption of
any person or persons exercising a public office or pri-
vate trust, or deception or betrayal of the public.
When rendering any such improper service or advice,
the lawyer invites and merits stem and just condem-

ENTERING INTO PRACTICE 43

nation. Correspondingly, he advances the honor of
his profession and the best interests of his client when
he renders service or gives advice tending to impress
upon the cKent and his undertaking exact compliance
with the strictest principles of moral law. He must
also observe and advise his client to observe the statute
law, though until a statute shall have been construed
and interpreted by competent adjudication, he is free
and is entitled to advise as to its validity and as to
what he conscientiously believes to be its just meaning
and extent. But above all a lawyer will find his high-
est honor in a deserved reputation for fidelity to pri-
vate trust and to pubKc duty, as an honest man and
as a patriotic and loyal citizen." '

Lawyers may be disbarred or suspended from prac-
tice by a high court for improfessional conduct, such
as embezzlement, larceny, or any offense that involves
moral turpitude. Complaints against a lawyer, which
may be made by any individual, are usually presented
to a state bar association. The association acts upon
the charge, and if it is sustained lays it before the
proper court for final action.

In the statutes of most states of the Union no ref-
erence is made to causes of disbarment. In a few states
statutes have been made to cover the specific offenses
for which a lawyer may be denied practice in the
profession.

' Section 32, Code of Ethics Adopted by American Bar Association,
Rides for Admission to the Bar, West Publishing Co., St. Paul, Minn.,
1911.

44 THE LAW AS A VOCATION

The following are examples:

Massachusetts: " An attorney may be removed by
the Supreme Judicial Court or the Superior Court for
deceit, malpractice, or other gross misconduct." '

California: " An attorney and counselor may be re-
moved or suspended by the Supreme Court, or any de-
partment thereof, or by any Superior Court of the
State, for either of the following cases, arising after his
admission to practice:

" I. His conviction of a felony or misdemeanor in-
volving moral turpitude, in which case the record of
conviction shall be conclusive evidence;

"2. Willful disobedience or violation of an order of
the court requiring him to do or forbear an act con-
nected with, or in the course of his profession, which
he ought in good faith to do or forbear, and any viola-
tion of the oath taken by him, or of his duties as such
attorney and counselor;

"3. Corruptly or willfully and without authority
appearing as attorney for a party to an action or pro-
ceeding;

" Lending his name to be used as an attorney and
counselor by another person who is not an attorney
and counselor;

" In all cases where an attorney is removed or sus-
pended by a Superior Court, the judgment or order
of removal or suspension may be reviewed on appeal
by the Supreme Court." ^

^ Massachusetts Revised Laws, Chap. 165, § 44.
'^ California Code of Civil Procedure, § 287.

ENTERING INTO PRACTICE 45

It is advisable in most cases for the young lawyer to
settle in the small city or town. In general, living and
professional expenses are lower, and competition is less
keen, in such places than in the large city. The net
income of the average country lawyer is probably fully
equal to that of the average city practitioner. Several
causes unite to congest the number of lawyers in a
metropoHs, to the disadvantage of the profession.
Many young men whose homes are in or near the city
enter practice on smaller earnings by living at home.
Some such have incomes outside of their profession,
and do not expect large earnings in it. Students of the
law school, which is generally in a city, often plan to
remain near it, because of acquaintances formed or
inducements presented.

There is a variety of avenues open to the young
lawyer by which he can begin to estabKsh himself
in any community. The following paragraphs pre-
sent the more usual ways in which the profession is
entered :

I. As employee. A young lawyer usually becomes
an assistant in a law ofl&ce. Here he may stay from
one to five years. Sometimes this place becomes per-
manent, by his being taken into the firm; but this is
rare. The lawyer should not be content, in general, to
remain a salaried worker. His natural status is as an
independent adviser of clients, and it is advisable that
■ most young lawyers should take the earhest opportu-
nity to become independent.

46 THE LAW AS A VOCATION

2. As independent practitioner. A practice may be
acquired through one or more of the following chamiels:

(a) Friends. The young lawyer's friends do not
particularly give him their own legal patronage, but
they mention his name from time to time, and thus the
intending cUent hears of him, and comes to him.
Hence, the more friends a young lawyer has the more
rapidly his clients increase.

(6) Clients. One client leads to another. Often the
party whom an attorney has defeated in a case will
seek that attorney as his lawyer in the next case. No
matter how small the case is, the client may prove a
valuable one.

3. Membership in Societies. One's circle of acquaint-
ances is enlarged by membership in a religious, politi-
cal, fraternal, or athletic society. A man who joins
such a society solely for the purpose of obtaining
clients is, of course, insincere, and this insincerity is
soon found out, bringing its own consequences. But
every young man has sympathies and interests in some
social field, in which he should take an active part,
remembering that he will not be sought as a lawyer
unless he is known, and he will never be known unless
he mingles with men in social ways.

4. General reputation. Any honorable way what-
ever, which leads to the notice of the public, is help-
ful to the lawyer; but ordinary, direct advertising is
forbidden to him. His repute in the community, based
on the good word of those who know him, is the only
satisfactory test of a lawyer's merits. Hence the chief

ENTERING INTO PRACTICE 47

publicity of which a lawyer can avail himself is that
which thus comes to him indirectly. Sometimes the
fortunate conduct of an important case brings a lawyer
before the public notice and insures him success as a
practitioner.

Formerly the young man who studied in a law oflSce
paid for the privilege, and until recently this was the
custom in a few localities even in the case of graduates
of the law school. In Philadelphia, for example, the
charge was frequently one hundred dollars. At the
present time the amounts paid to young law school
graduates who serve an apprenticeship of six months or
one year or more vary widely. In New York and
Chicago larger salaries are paid than in other American
cities. The more general figures in law ofl&ces are from
three or five to ten dollars a week at the beginning,
with an increase after three or six months according
to the magnitude of practice in an office.

Sometimes the assistant has private practice, clients
of his own, while still serving in an office. Frequently,
also, especially in the large cities, young lawyers com-
bine in the rent of an office and its attendant expenses,
but conduct each an independent practice.

The charges for legal services are not at all uniform.
They vary according to localities and the conditions
involved in each service. It is possible, however, to
state figures that very generally prevail in the pro-
fession.

Following are the more usual kinds of service per-
formed by the lawyer and the attendant earnings;

48 THE LAW AS A VOCATION

The minimum fee for small services, aside from those
of the notary and justice, which are fixed by statute,
is usually three dollars or five dollars. Such a service
may be giving legal advice or collecting a small bill.

The fee for writing a deed or mortgage is usually
from three to five dollars.

For drafting a wiU, under ordinary conditions, the
charge varies from five to fifty dollars.

Charges vary greatly in court service, according to
the standing and experience of lawyers and the inter-
ests involved in a case on trial. The beginner may
receive ten or fifteen dollars a day; the lawyer some
time in practice, from twenty-five to one hundred dol-
lars; and rarely the charge may reach five hundred
dollars a day, or any amount necessary to secure the
services of an eminent court practitioner.

In settling a case out of court a lawyer may charge
for service actually rendered, according to the magni-
tude of the interests involved.

In a case for collection involving less than one hun-
dred dollars, and made without bringing suit, the
customary charge is ten per cent of the amount in-
volved, though not less than the minimum of three or
five dollars.

Above one hundred dollars the scale of charges usu-
ally decreases from ten per cent according to the in-
crease in the amount involved, considering always the
responsibilities encountered.

Charges for handling ordinary bankruptcy cases
range from fifty to three hundred dollars.

ENTERING INTO PRACTICE 49

The fee for the examination of a title depends upon
the length of time consumed. Such research work usu-
ally brings from fifteen to twenty-five dollars a day.

For giving an opinion in writing in legal matters the
lawyer may charge from ten dollars up to thousands
of dollars, according to the nature of a case, time de-
voted to it, and his own professional standing.

" In fixing fees, lawyers should avoid charges which
overestimate their advice and services, as well as those
which undervalue them. A cKent's abihty to pay can-
not Justify a charge in excess of the value of the serv-
ice, though his poverty may require a less charge, or
even none at all. The reasonable requests of brother
lawyers, and of their widows and orphans without
ample means, should receive special and kindly
consideration.

" In determining the amount of the fee, it is proper
to consider: (i) the time and labor required, the
novelty and difficulty of the questions involved and
the skill requisite properly to conduct the cause;
(2) whether the acceptance of employment in the par-
ticular case will preclude the lawyer's appearance for
others in cases likely to arise out of the transaction,
and in which there is a reasonable expectation that
otherwise he would be employed, or wiU involve the
loss of other business while employed in the particular
case or antagonisms with other cKents; (3) the cus-
tomary charges of the Bar for similar services; (4) the
amount involved in the controversy and the benefits
resulting to the client from the services; (5) the con-

50 THE LAW AS A VOCATION

tingency or the certainty of the compensation; and
(6) the character of the employment, whether casual
or for an established and constant client. No one of
these considerations in itself is controlling. They are
mere guides in ascertaining the real value of the service.

" In fixing fees it should never be forgotten that the
profession is a branch of the administration of justice
and not a mere money-getting trade."

The clerk of court or register of probate receives a
salary varying from five hundred dollars to five thou-
sand dollars a year; the prosecuting attorney or other
public ofl&cial, from one to five or ten thousand dol-
lars; the judge, from one to fifteen thousand dollars a
year. In most cases these amounts are far below what
lawyers of the ability required in such positions could
earn annually in general practice, so that these forms
of public service are often assumed at a personal sac-
rifice on the part of the practitioner.

There are certain objections to entering the legal
profession, arising from conditions and requirements
in its practice, which the young man should weigh
carefully before deciding upon the law as a life pursuit.
In the opinion of the leading members of the American
Bar today, as well as of men outside of the profession,
the law presents insurmountable objections to the in-
competent and poorly equipped. The following con-
ditions, however, affect all practice in the profession:

The field is greatly overcrowded and the average
earnings very smaU. This is the great objection. Only
the more able or fortunate in securing profitable legal

ENTERING INTO PRACTICE 5 1

practice can hope to win more than a bare compe-
tency. Young men may not only be indebted to their
families and friends for a course of study covering three
or four years in preparation, but after that for a period
of five, ten, or even fifteen years consumed in acquiring
a competent practice. Many never reach such a prac-
tice, and are obliged to turn to some other occupation
for part or fuU income, or to come down to the end
of life in straitened circumstances, imable to do for
their families what was earlier done for them to place
them in the profession.

" The amount of money that is to be expended in
any given locaKty per annum for attorney's service
is fixed, although not ascertained; and divide this
total sum that will be expended in Boston among Bos-
ton lawyers for any given period, and we think that it
would be a surprisingly small income to each attorney.
If two-fifths of the attorneys, as undoubtedly they do,
receive two-thirds or three-fourths of this total in-
come, it leaves but a small balance for the remaining
three-fifths.

" The increase of lawyers does not make an increase
of law business, nor does their ability or genius add to
the sum total to be received, but only tends to distrib-
ute it more equally. It is impossible for every lawyer
to be financially successful, for there are too many
competing for a share of the general fund.

" Exceptional success in the profession should not be
taken as a standard to measure its probable advan-
tages, any more than failures should be adopted for a

52 THE LAW AS A VOCATION

like purpose. It is the general average that ordinary
talent, application and perseverance should try to cor-
rectly understand and appreciate.

" As a means of accumulating wealth we claim that
the profession has always been and always will be
crowded, that the supply is greater than the demand,
that the fortunes made in the law are few and insignifi-
cant when compared with those made in business." '■

As to the earnings of lawyers, there are no adequate
statistics on which to base any general statement. An
earlier edition of this book reported a study of the
average earnings of graduates of The Harvard Law
School from one to ten years in practice. The results
of the study are shown in the following table:

Years in
practice

Number
reporting

Average
yearly earnings

694
609

$664
1,110

497

1,64s

411
317

2,150
2,668

7
8

249

162

112

3,118

3.909
4,426

5,321

5,325

It should be borne in mind that these are only aver-
age earnings and that many persons receive an annual
income much less than the amount indicated by the
table. At the bottom of the profession are many in-

' Section 12, Code of Ethics Adopted by American Bar Association,
Rules for Admission to the Bar, West Publishing Co., St. Paul, Minn.,
1911.

ENTERING INTO PRACTICE S3

competent men who bring discredit upon their calling
in the general estimation of the public.

There are a number of ethical, problems which con-
tinually arise in practice with which the prospective
lawyer or the person Just entering upon his career
should be acquainted. The work of the law is to es-
tabHsh rights, satisfy claims, protect the iimocent
against wrong-doers, secure convictions for the guilty,
and to maintain a cause in the face of all forms of
opposition and misrepresentation.

The ethical question most often asked about the
profession is, " How can a lawyer take a case in which
he does not believe?" The profession has by some
been regarded as somewhat unprincipled because its
practitioners are thought of as regularly taking such
cases. In reply to this criticism it may be said that
the lawyer is likely to believe in a case on its presenta-
tion to him, that he may abandon or settle out of
court one in which he does not believe, that it is his
duty to present his side of a case fairly in court and
to look to his opponent to present the other side, and
finally that the decision rests not with the attorney
but with the judge or jury in the court.

CHAPTER V

PRESENT TENDENCIES IN THE PROFESSION

KNOWLEDGE of present tendencies which are
likely to lead to future changes in an occupation
is quite as truly of interest to the young man who con-
siders entering that vocation as are the present con-
ditions. What are the tendencies in the profession of
law that are specially of interest to prospective stu-
dents of law ?

First we may mention the present tendencies in edu-
cation for the law. Legal education is developing in-
tensively rather than extensively; that is, it is the
increase in the number of courses and in the length of
preparation rather than in the number of schools that
characterizes the more recent changes in legal educa-
tion.

The increase in the number of law schools from 1870
to 191 7 is as follows:

Year Total

1870 28

1880 48

1890 54

igoo 96

1910 114

1917 132

Meantime there has been a marked tendency to in-
crease the length of the law course. This is shown by
the following table :

PRESJENT TENDENCIES IN THE PROFESSION 55

No. schools

No.

schools

. schools

No.

schools

i-year course

2-year course

3-year course

4-year course

1900

I9IO

igi7

III

This indicates that standards for a legal education
are rapidly rising. The same fact is further emphasized
by the changing standards for admission to the bar,
advocated by members of the bar. The report of the
New York County Lawyers' Association of 1909, in
an able discussion of standards of admission to the
bar, makes the following criticisms of present methods
in legal education:

First: That the average student when he applies for
admission, has no, or a very inadequate, knowledge of
his various duties.

These duties are fourfold: (i) to the State as an
oflftcer and citizen; (2) to the Court as an officer and
adviser; (3) to his client as a fiduciary; and (4) to his
brother lawyers, out of which grows the " esprit de
corps" of the profession; — an indefinable code of
honor, courtesy and respect, varying or enlarging to
meet the requirements of each case and epoch. He
owes loyalty to the State, both as a citizen and as a
sworn officer of justice; he owes respect and dignity
in his deportment to the courts, and candor and hon-
esty in his statements and dealings with them; to his
client he owes his talents, his knowledge, his time, and
his fidelity; and in dealing with his brother lawyers,
he should be controlled by a proper esprit de corps.

' Evening school. ' Three evening schools, one day school.

56 THE LAW AS A VOCATION

The lawyer cannot perform his duty to one of these
parties and neglect the others; he cannot be honest
to the State, and dishonest to the Court and his client,
any more than he can be dishonest to the State and
Court, and honest to his chent. But his duty can be
performed to all without infringing or impairing the
rights of the others.

In every employment which the lawyer receives, his
primary duty is to the State. In performing this duty,
he can fulfill all of his obhgations to cHents and courts
with fidelity and honor. If he attempts to go beyond
this, he strikes a blow at society. Why ? Because he
is a part of the judicial system of the Government. He
is appointed to conduct judicial proceedings. If a con-
flict arise between his duty to the Government and
his client, in which the position of the State in its
whole corporate capacity is clear (not a mere question
of law, applicable to both, or a question of the rights
of the citizens, which is in fact the interest of the State
itself), he must decide in favor of the former; for the
interest of that client is subordinate to the interest of
all the other citizens — constituting the State — who
are interested in maintaining the entire integrity of the
pohtical system. His oath to maintain the laws can-
not be performed by giving advice, or resorting to acts,
which cause their violation. Of course, he should not
prejudge, and in cases of doubt he is free to act as his
conscience dictates — honest doubt as to the law, or
honest doubt as to the facts.

PRESENT TENDENCIES IN THE PROFESSION 57

The tendency of the lawyer, in modem times, is to
look to, and think of, nothing but the client's interests,
and the question as to how far his professional con-
duct affects the administration of justice, and the gen-
eral salutary conditions of the State, is almost lost
sight of, indeed, students under the existing systems
are not taught to analyze their true relations in this
respect.

Second: The student is not instructed in the real
nature and functions of his office.

Perhaps he understands vaguely that he is an " offi-
cer of the Court " but that only conveys to his mind
the idea that the courts may, therefore, summarily
reprimand, degrade or punish him. But he is not
taught that in general he is an officer of the Court to
advise the Court — in many instances to assist it; that
in truth he is a real official friend of the Court; that
the Court has always the right to call upon him to aid
in the administration of justice. The fact that no at-
tention is paid to these fundamental principles in the
education of the lawyer, has gradually tended to di-
vorce the lawyers from the courts — they hold each
other at arm's length — until the courts have grown
suspicious of the Bar and regard its practitioners as
constantly endeavoring to wrest from the judicial
tribunals, orders, judgments, and decrees, to which
they are not entitled; to regard them as purely mer-
cenary, pitiless advocates, careless of everything ex-
cept success. And, unfortunately, there is ground for
this suspicion and belief.

58 THE LAW AS A VOCATION

While, as an auxiKary of the Court, the lawyer's vo-
cation has been greatly enfeebled, he is still an officer
of very great authority and power.

At the instance of a cHent, he becomes the official
author and creator of all judicial proceedings. He is
the fountain head of legal procedure at whose com-
mand all legal processes flow.

The lawyer's mandate — the summons, writ, or by
whatever name the original process may be called —
compels the appearance in Court of the highest or
lowliest individual in the land.

Apart from suitors themselves — who are permitted
to appear in their own cases — no judicial action can
be put in motion without the sanction of some lawyer.
He is the sole officer authorized to cause civil action
to be begun. If the lawyer approves the client's de-
mand, he can issue, or cause to be issued, process which
will bring any individual or corporation before the
Court. The demand may be unfounded, the action un-
justified, the whole proceeding utterly without merit,
in law or in fact, yet the defendant must obey. A
lawyer, the day after he is admitted, the veriest tyro
in the profession, may, without a title of justice or
right, summon the worthiest and purest individual to
answer the demands of a professional blackmailer; and
although after years, it may be, of Htigation, in which
character, property, and expense are involved, the suit
is dismissed as unfounded, yet the lawyer sits, serenely,
in his office, secure from liabihty, exempted from acts
which often, through his negligence or design, have

PRESENT TENDENCIES IN THE PROFESSION 59

caused untold mischief and damage. His ordinary-
mistakes of law, or judgment, cannot be made the
basis of a legal demand against him. How many of
such mistakes are made, how many causeless actions
are instituted, can be easily seen by consulting the
records of the courts — which show the number of
suits finally dismissed.

Again, the lawyers fill most of the important offices
of the National and State governments. The nature
of our political institutions invites and seems to en-
courage this tendency, and almost from his entrance
into professional life the lawyer's ambition is fixed
upon poHtical and official preferment. The operation
of governments existing under written constitutions
seems to require, naturally, a vast body of lawyers to
keep them ruiming steadily and smoothly within the
groove of their powers. This condition demands more
than a superficial knowledge of the relation which a
lawyer and officeholder bears to society and to his
respective governments — State and Federal. It is
not communicated by reading principles asserted in
political platforms; nor does he imbibe it in a formal
official oath, to obey the laws of the land. Such knowl-
edge can only come from serious preliminary study,
and a full comprehension of the purposes of his office.

Of an importance perhaps greater than any other
office which he can hold, is that of legislator. The
legislatures, Federal and State, are filled with lawyers,
many of whom are young men just entering upon their
careers. No office requires so much learning, experi-

6o THE LAW AS A VOCATION

ence, and training as that of a legislator. As Rousseau,
in substance, exclaimed: If it be a rare spectacle to
see a great prince, what a phenomenal sight it is to
behold a real legislator! It is another name for a
statesman. Yet under none of our legal educational
systems is any special instruction given to the law
student as to the duties of a legislator. He is left to
imbibe the necessary knowledge from surrounding con-
ditions. He becomes a legislator by absorption and
instinct. From the ignorance of legislators largely fol-
lows the intricacy and confusion of the law — and the
interminable mass of unnecessary legislation.

Third: The educational tests, preHminary and gen-
eral, are wholly insufficient.

A principal objection to the present system is that
there is no oral examination of the candidates. There
is no opportunity for the examining board to judge
of the general make up of apphcants or of their abil-
ity, orally, to explain the nature of the profession
which they seek to enter, or of the principles of law.
Readiness and versatility show mental development,
and are no small portion of a legal education. Oral
questioning operates as an indtation to ambition; it
brings to the surface many qualities which rest inert
without it; the oral examination arouses the candi-
dates to exert themselves to pass creditably before
the eyes of their associates. Such an examination is
conducted with the object of testing the mental readi-
ness and address and legal learning of the candidates;
one question leads to another, and one subject opens

PRESENT TENDENCIES IN THE PROFESSION 6l

a different branch of the law, until a substantial in-
terrogation soon develops the capacity of the candi-
date. It seems to us, when properly and fully con-
ducted, an oral examination becomes indispensable to
test the sufficiency of the student's qualifications. Full
allowances can be made for nervousness on the part
of the candidates, and the written examination will
always be consulted when the final decision as to the
qualification of the student is made. This important
adjunct of an oral examination is at present omitted
for lack of time, on the part of the examiners. No
fault can be found with them in this respect, for it is
doubtless true that the allotted time is too short, but
under a complete course of study, such as we shall
hereafter recommend, there would be a visible diminu-
tion in the number of applicants, and if there were not,
a second or additional Board of Examiners should be
provided for, whose duty it would be to examine the
students orally. The consideration of saving time in
the process of final examinations is of infinitesimal im-
portance compared with securing an improved quaUty
of product. No more important subject confronts the
State than to provide a thorough system of examina-
tion for law students. No money can be more profit-
ably spent than that devoted to procuring ample
faciHties for such a purpose.

The written examination, as now framed, is largely
a mere test of memory. It covers a field of subjects
embraced within the two groups mentioned below,' in-

• Group 1, Pleading and Practice and Evidence. Group 2, Sub-
stantive Law.

62 THE LAW AS A VOCATION

volving the solution of many supposititious cases, where
good sense, or quick perception, often supplies techni-
cal knowledge. These questions have been from time
to time preserved and are now actually published in a
separate book, so that all students browse over the
fields so often covered by their predecessors, and know
the general course of examination to which they will
be subjected. The whole examination then becomes
one of mental dexterity, and of cramming for the final
test.

The lectures which a student attends in the law
schools cover a space of two years — no; not two
years actually, for deducting the summer and ordinary
vacations, they are not more than about sixteen or
seventeen months. The effort of the law schools is
to go over the whole field of the law in this short period.
The result is that the studies are necessarily scattering,
hasty, and superficial. It is a hothouse system which
ripens the fruit untimely and unnaturally; and much
of it is permanently injured in its artificial rearing.
Modem commercial conditions have resulted in almost
a complete change in our lives, habits, and modes of
thought. The pohtical, economical, social, and legal
questions which confront us are of immeasurable im-
portance, and profoundly difficult to solve. To com-
prehend them, they, at least, require a knowledge of
the structural elements of dvil society, and of the fun-
damental principles of the different kinds of govern-
ment. A change in the form of our government may
even be involved in their eventual solution. The tui-

PRESENT TENDENCIES IN THE PROFESSION 63

ion of the lawyer should therefore keep pace with the
progress of the age. His education must be of a higher
order; it must be broader and wider, to cover the
range of the new and comphcated subjects which are
constantly arising. What was a fair legal education
before the Civil War, is now a mere preliminary to a
full course.

Fourth: Students are uninstructed in their outside,
unprofessional relation to the community.

With the growth of the country, the increase of pop-
ulation, and the evolution of many theories which
strike at the roots of our Republican institutions, the
lawyer's unprofessional, or outside, relation to the
community becomes of the most profound concern.
His mission beyond the technical practice of his pro-
fession is of immeasurable importance. It is freely
to discuss, in private and public circles, constitutional
and legal principles. He renders the appHcation of
the rule that everyone is presumed to know the law,
less hard. He explains the nature of our Federal and
State governments to his lay acquaintances; he dif-
fuses the doctrines of the origin of society and enforces
the necessity of maintaining the integrity of the law,
and of absolute acquiescence in the statutes and de-
cisions of the courts. He descants upon the import-
ance of respecting and preserving existing institutions;
of guarding sacredly the rights of persons and property.
He explains the various principles of the law so that
where they seem harsh and unnatural, he corrects or
modifies false or immature judgments. The influence

64 THE LAW AS A VOCATION

which a lawyer can have in this important sphere is
altogether measured by his character and learning.
Where the system of legal training produces a class of
immature and badly educated lawyers, the effect is
felt by the whole lay community, and it manifestly
operates to diminish or counteract, the legitimate in-
fluence which he should exercise over the people.

In times of excitement, when pubhc passion is
aroused to a danger point, the lawyer's voice ought to
be almost controlling. He becomes a breakwater be-
tween a reckless or lawless multitude and the forms
and rules of the law.

It must be remembered that ours is a federative
government, constituted by written agreement. The
powers and duties of our ofi&cials largely depend upon
the construction of written constitutions. The best
legal training is therefore required for the Bench and
the Bar. The trend of Federal and State policies is
pecuHarly directed by the lawyers. One can assert,
then, without exceeding the Hmits of reasonable criti-
cism, that the inherent welfare of the people in the
United States is with the lawyers. When they know
their functions and duties and exercise their legitimate
iafluence, the country is sustained by a sound and
healthy public opinion which they create and mould.
A correct public opinion is the mainstay of every con-
stitutional government. It bears the same relation
to our govermnent as pure air does to himian health
and Kfe.i

'■ From Report of Committee on Admissions of the New York
County Lawyers' Association, 1909.

PRESENT TENDENCIES IN THE PROFESSION 65

Standards in legal education and requirements for
admission to the bar are the final responsibility of the
state. " At all times the privilege of practising in the
courts has been regarded as a proper subject for state
control. Society has always exercised the right to
scrutinize closely those callings that contribute noth-
ing to its productive wealth, and the legal profession
is the one unproductive profession that is made pos-
sible only by the existence of organized society itself.
Nor is it by any means a mere legal fiction that con-
siders the lawyer an ofiicer of the courts. The best
system of laws and the ablest judiciary will fall far
short of their designed effect if the advocates are un-
skilled or dishonest. And if the experience of the past
is a criterion, the development of justice and sound
public poKcy itself is closely related to the high stand-
ard of the legal profession. The right of society to
impose restrictions upon such a profession as the law
would seem, therefore, to be as strong as any other of
its long continued rights.

"The present regulations (191 1) with regard to
state requirements for admission to the bar, in the
important details are:

" 28 states and territories have a single distinctive
examining board.

" 19 require the approximate completion of a high
school course.

"17 prescribe no definite period of legal study.

" I prescribes a period of eighteen months.

"12 prescribe a period of two years.

66 THE LAW AS A VOCATION

" 23 prescribe a period of three years.
" 10 still accept graduates of some law schools with-
out examination." '

The above shows a great variation in state require-
ments for admission to the bar. The reports which
have been quoted so extensively above show the atti-
tude of the best of the legal profession in respect to
standards for legal education and the tendency towards
advocating a uniform standard of admission in the
several states and territories. Complete rules for ad-
mission to the bar will be found in " Rules for Admis-
sion to the Bar," published by the West Publishing
Company, St. Paul, Minnesota.

One of the important tendencies of the present time
is to increase rather than diminish the overcrowding
of the legal profession, mentioned in Chapter III.
"There were in the United States in 1900, 114,000
lawyers; in 1890 there were 89,000; in 1880 the num-
ber was 64,000; and in 1870 it was 40,000. As the pop-
ulation of the United States in these four decades stood
respectively at 38 million, 50 million, 62 million, and
76 million, it will be seen that this means the progres-
sive overcrowding of an already overcrowded profes-
sion. It has been estimated that there are twelve
thousand lawyers in New York City alone. In no
community is there a scarcity of practising lawyers.

" According to the census tables there were in the
United States in 1900, 132,000 physicians and sur-

' From the Sixth Annual Report of the Carnegie Foundation for the
Advancement of Teaching.

PRESENT TENDENCIES IN THE PROFESSION (>J

geons. In the bulletin on medical education issued by
the Foundation in 1910 it was calculated after careful
investigation that 2,000 gradusates annually from the
medical schools would furnish an ample supply of new
physicians to take the places left vacant by death and
other causes, and to keep pace with the growth in
population. Assuming, and it is evidently an extrava-
gant assumption, that the proportion of lawyers to the
population should be as large as the proportion of
physicians, 1,700 graduates annually from the law
schools would be sufficient to maintain even the pres-
ent crowded state of the legal profession. As a matter
of fact, in June, 1910, the number of students gradu-
ated by the law schools numbered 4,183; and this
takes no account of the large percentage of lawyers
who are admitted to the bar without having received
a law school diploma. If we place the per capita need
of a lawyer at the same figure as the need of a phy-
sician, and disregard all who enter the profession with-
out completing successfully a law school course, it is
evident that the output of the law schools of the pres-
ent day is far in excess of any necessary demand." '

As the report quoted points out, the tendency and
the need are for further imiformity in the standards of
admission to the bar in the different states. As al-
ready suggested in this chapter, to quote further from
the above report:

> From the Sixth, Annual Report of the Carnegie Foundation for the
Advancement of Teaching.

68 THE LAW AS A VOCATION

The remedy for this demoralizmg condition can be
achieved only by the states themselves. The require-
ments for admission to the bar, both scholastic and
legal, should be placed by all the states upon a high
plane, and as far as possible, the advice of the Ameri-
can Bar Association to make these requirements uni-
form should be followed. Furthermore, the states
should exercise a strict control over the law schools
within their boundaries, and see that requirements,
curricula, equipment, and other important features are
fairly uniform, and that the schools do not multiply
out of proportion to the needs of the state and its
neighbors.

This control is not only legally and morally justi-
fiable, but it is indispensable to any sound progress in
legal education. It is a good thing for the good law
schools to improve their course of study and raise their
requirements of graduation, but this influence is lim-
ited to the students who attend such schools. As long
as the requirements for admission to the bar are low,
it will be found highly profitable to conduct schools
with inferior standards, and every raising of standards
by the good schools will tend to deflect a larger num-
ber of students toward the others, and so to perpetu-
ate the evil. The advantages to society to be derived
from a superior legal education do not manifest them-
selves immediately by indisputable signs. The sharp
boy in the oflSce of a sharp attorney may at first be
more effective in the legal routine than the youth who
is carefully trained to grasp the principles and to ab-

PRESENT TENDENCIES IN THE PROFESSION 69

sorb the multifarious learning of his profession. It is
only at maturity that it will appear evident that the
latter alone can rise to the full responsibihties of the
profession. The small successes that are frequently
quickly obtained by graduates of the inferior schools
will therefore often attract young men destitute of that
counsel which looks ahead. The rise in the standards
of legal education, therefore, gratifying as it is, can
be effective only when it takes place in the standards
enforced by the states.

One word further ought to be said, even in a pre-
liminary statement, as to the relation between over-
crowding in the profession of the law and the effective
administration of justice.

The administration of the courts — both civil and
criminal — was recently most severely criticized by
lawyers of the highest training. Perhaps no critic
has been more definite and emphatic than the presi-
dent ' of the United States, himself a trained lawyer
and a judge of extended experience.

It is generally agreed that in the administration of
the law in this country technicahties are allowed to
hamper and often to defeat justice, that the process
of the law is unduly delayed, and that legal redress is
slow and enormously expensive. In consequence the
poor man in the United States is placed at a great dis-
advantage in seeking legal redress. These are the criti-
cisms of lawyers of the highest character and attain-
ment. They constitute a serious indictment of our

1 Ex-President Taf t.

70 THE LAW AS A VOCATION

whole governmental regime and of our civilization. A
democracy in which the courts are so conducted, and
in which the law is so administered that justice is out
of reach of the poor man, is deficient at the most vital
point. Such a condition cannot permanently con-
tinue if democracy is to endure.

Side by side with this situation, and a most natu-
ral supplement to it, is the lack of respect for the law
among the great body of Americans, a tendency which
so far as one can see is increasing, not diminishing.

For this American disregard of the law there are
undoubtedly many contributory causes, but no one can
doubt that one of the important factors in bringing
about the result is the method under which the courts
are conducted and the faulty administration of justice
itself. Upon the profession of the law itself rests part
of the American disregard of the law, and there is httle
hope that this will markedly improve until those who
represent the law go seriously to work to make the
administration of justice a simple, more direct, and
less expensive process.

One may safely go one step further and say that so
long as men are admitted to the profession of the law
upon a low basis that enables a larger number of unfit
and ignorant men to enter the profession, just so long
will it be difficult to reform the methods of our courts.
No one can doubt that there is a very real connection
between the overcrowding of the profession and the
cost and delay of justice. The profession of the law
is not a private and personal occupation. It is a quasi-

PRESENT TENDENCIES IN THE PROFESSION 71

public profession, and as such the public has the right
to demand a fair preparation on the part of those who
are to enter it. The question of legal education and
the number and character of those admitted to prac-
tice is directly related to the whole question of the ad-
ministration of justice for ninety millions of people.
The reform of court procedure and the simpKfication
of the administration of justice depend mainly on the
patriotism and inteUigence of the legal profession.
Much of this betterment can be effected without legis-
lation. For some of it legislation wUl be required. And
in legislation the members of the legal profession oc-
cupy in the United States a unique position. With us,
as with no other nation, the door to politics opens
through the training of the law. The great majority
of both houses of Congress and of most state legisla-
tures are lawyers by profession. This situation im-
poses upon the members of this profession an unusual
responsibility. Not only are the members of the bar
directly responsible for the adnunistrative reform of
the courts, but they are, in the main, responsible for
such legislation as is needed to simplify and improve
the conduct of the courts. Moreover, the members of
the legislatures, who are to fix the conditions for ad-
mission to practice, are drawn in an overwhelming ma-
jority from the ranks of lawyers. The governors of the
states, who are to approve or disapprove such legisla-
tion, are in many cases members of the same profession.
In no coimtry in the world does the responsibility for
legislation rest so heavily upon a single profession as

72 THE LAW AS A VOCATION

in the states of our American Union. Not only do law-
yers legislate for the whole country, but they them-
selves fix the conditions that determine the morals and
the eflSciency of their own profession. Is the question
of standards of legal education brought before the leg-
islature of a state ? It is the decision of a group of
lawyers that determines the issue. Is the legislature
called on to fix the Usts of admission to the bar of the
state ? It is the members of the bar who decide, be-
cause the legislature is composed overwhelmingly of
members of the bar.

It would be an interesting study to follow the course
of legislation in this matter in the separate states.
When such a question comes before the lawyer mem-
bers of a legislature, wiU it be decided by those of high
professional ideals, or by those of a different training?
Will the members of a legislature vote patriotically
to advance the conditions of admission to the bar
beyond the standards of their own day, or will they
hold to the inferior standard till some son or nephew
has gained his admission ? In other words, lawyers in
legislation relating to their own profession stand in a
different position from that which any other profession
in any other country occupies. Only lawyers legislate
as to the standards of their own profession. It would be
interesting to inquire how far their treatment of the
question has been personal, and how far patriotic.

Without going into this matter in detail, it can at
least be said that the various states are slowly im-
proving their standards of admission to the legal pro-

PRESENT TENDENCIES IN THE PROFESSION 73

fession. Anything like uniform admission to the bar
for the different states is still far in the future, but at
least it may be said that the disposition to treat the
profession as a quasi-public one, having definite pub-
lic responsibilities, is growing amongst the various
state legislatures, and there is evidence in nearly all
states of a willingness to consider the nature of this
responsibility to the pubKc. Some state legislatures
have in fact been ready to go further than the state
executives.

There is a marked tendency within the profession
itself to overcome other existing evils, one of which is
commercialism. The report of the New York County
Lawyers' Association says:

No criticisms of the Bar would be fair or complete
without considering the influence which commercial-
ism has had upon it. As we understand it, this phrase
represents the concentration of individual ability, ex-
perience and wealth into corporate form, so that the
qualities which make success can be used as a unit.
The unquestioned effect of such an evolution is to af-
fect more or less seriously the intellectual and esthetic
tastes of the nation. It has at least been one of the
influential causes in turning the profession of the law
into a business. An imperfect and unnecessary codifi-
cation as some believe took away all there was of
science in the profession, and commercialism has given
it a blow which has converted it into a trade. It
seemed almost impossible that the law should escape
the spirit of corporate consolidation which, after the

74 THE LAW AS A VOCATION

Civil War, began to impregnate commercial life. For
thirty years most all conveyancing, an honorable and
profitable branch of the profession, has been performed
by title searching and guaranty companies. A few
corporations have thus usurped and annihilated the
business of many hundred lawyers. The attorneys em-
ployed to transact the business of these bodies lose all
their official individuality and force and become noth-
ing but trained clerks.

Other corporations, societies and agencies exist for
collecting debts; for writing briefs and transacting a
general law business. This practice became so glar-
ing that a statute of the present legislature prohibits
corporations from practicing law in certain cases
therein specified.

To cap the climax of professional retrogression, cor-
respondence schools of law have been established,
by which ingenious device, individuals are alleged to
be adequately instructed in legal principles by written
correspondence, thus avoiding office and collegiate
courses of legal study. Every branch of the profession
of the law is threatened to be swallowed up by this
devouring spirit of consohdation, by which the individ-
uality of the lawyer must be extinguished, and almost
every valuable attribute of his office, and his relation
to the Courts and the government become atrophied
or perhaps totally extinguished. For corporations are
formed to make money and their first and last inspira-
tion is to pay dividends.

PRESENT TENDENCIES IN THE PROFESSION 75

Certainly this dangerous trend of commercialism
cannot be overlooked by the Bar and Bench. How, or
whether it can be arrested, is a grave problem, but the
community is deeply interested in aiding every earnest
and intelligent effort to raise the standards of the pro-
fession, by prescribing more rigorous methods for edu-
cating the students of the law. By this means we can
at least guide existing tendencies if we cannot control
them.

To correct existing defects and evils in the sys-
tem of admission to the Bar, the remedies must be
deep, if not radical.

They involve the making of rules which will, inter
alia, require: first, a fuU preliminary examination of
each applicant under the direction of the Board of
Regents; second, the lengthening of the term of legal
apprenticeship from three to five years; third, the
establishment of a fixed or permanent curriculum of
study; fourth, the institution of strict methods to be
followed by the committees which pass upon the moral
character of the candidates; and fifth, the abolition of
rules by which lawyers from other states can be ad-
mitted to the Bar by motion upon the mere production
of a certificate and placing such applicants upon the
same plane as resident candidates, except in extraor-
dinary instances sanctioned by special order of an Ap-
pellate Division.

It is not meant to declare or insinuate by the fore-
going criticism that the existing system of admissions
to the Bar in New York is worse than that which pre-

76 THE LAW AS A VOCATION

vails in other jurisdictions. There is a universal and
widespread complaint from all the states of the grad-
ual dechne of the intellectual condition and morale of
the Bench and Bar in the country.

New York, as the leading state of the Union, should
make the first step to raise the standard, and establish
an esprit de corps of the Bar. The inauguration of re-
form here would have a most salutary and beneficial
influence through the land, and in a few years its effect
would be felt everjrwhere. The lawyers would regain
their influence in social and political fife. An aristoc-
racy of intellect and culture would again be enthroned.
The Bar would mould, if not create, a healthy public
opinion, and wherever demagogism appeared in our
institutions, or pubHc thought, it would be exorcised
and driven from them, and new, equal and healthy
inspirations of political and professional advancement
prevail.

LIST OF LAW SCHOOLS*

Location

.9
a

§1

Students

Name or Institution

la
II

■ss

6.a

ALABAMA

University of Alabama, Law
Department

University, Ala.

day

130

»7S

ARKANSAS

Arkansas Law School

Little Rock, Ark.

eve.

CALIFORNIA

University of Califomiay'
School of Jurisprudelice .

University of Southern Cali-
fornia, College of Law.. .

Southwestern University,
Law School

Berkeley, Cal.

Los Angeles, Cal.

San Francisco, Cal.
San Francisco, Cal.

San Francisco, Cal.

Santa Clara, Cal.

Stanford University

day

both

eve.
eve.

day

eve.

day

9
5

7
10
10

149

S72
62
ISS

75
117

67
187

12
47
13

I
9

I
3

18
9

3,4

4
4

S6
85-60

Law Department of St. Ig-
natius University

San Francisco Law School. .

University of California,
Hastmgs College of Law

San Francisco Young Men's
Christian Assoc. Law Sch.

Santa Clara University, In-

SO
SO

SO
100

Leland Stanford junior Uni-
versity, Law Department

100

COLORADO

University of Colorado,

Boulder, Colo.
Denver, Colo.

day
day

5
20

69
76

I
2

17
IS

13
16

3
3

University of Denver Law
School

too

CONNECTICUT

Yale University Law School

New Haven, Conn.

day

196

119

ISO

DIST. OF COLUMBIA

Catholic University of Amer-
ica, School of Law

Georgetown University,
School of Law

Washington, D. C.

Washington, D. C.
Washington, D. C.
Washington, D. C.

day
eve.

eve.
eve.
eve.

S
S3
IS

IIS
1001

414

107
174
47

121
17

300

3
3

3
3
3

ISO
100

George Washington Uni-
versity Law School

Howard University Law
School (colored)

National Univ. Law School

Washington College of Law

120

SO
100
6S

• Adapted from Report of the Commission of Education,

Depart, of the laterior, 1917, vol. II,

THE LAW AS A VOCATION

Naue of Institdtion

Location

Stddents

.S
1

rt-o

^■5

day

eve.

17
13

36
33

2
2
2

day

day
both

8
24

104
245

25
10

34
30

3
3

eve.

6x9

146

3.4

both
eve.
eve.

22
l6

J"
82s
194

13
82

125

3
3
3

eve.

day

331

both

day

338

261

day

134

day

eve.

day

lOI

day

day
day

9
6

177
190

37
45

FLORIDA

John B. Stetson University
College of Law

University of Florida, Col-
lege of Law

GEORGIA
University of Georgia, Law

Department

Atlanta Law School

Mercer Univ. Law School .

IDAHO
University of Idaho, Col-
lege of Law

ILLINOIS
Illinois Wesleyan Univ.,
Bloomington Law School
Chicago Law School

Chicago-Kent Law School
De Paul University Law

School

Hamilton College of Law
John Marshall Law School
Loyola University, Law

Department

Northwestern University,

Law School

Northern Illinois Univer-
sity, Law Department . .
University of Chicago Law

School

University of Illinois, Col-
lege of Law

INDIANA
Indiana Univ. School of Law
Central Normal College,

School of Law

Benjamin Harrison Law

School

University of IndianapoUs,

Indiana Law School ....
Mmicie Normal Institute

Law Dept., Muncie

Law School

University of Notre Dame,

Law Department

Valparaiso Univ. I.aw School

Deland, Fla.
Gainesville, Fla.

Athens, Ga.
Atlanta, Ga.
Macon, Ga.

Moscow, Idaho

Bloomington, lU.
Chicago, HI.

Chicago, 111.

Chicago, 111.
Chicago, 111.
Chicago, HI.

Chicago, m.

Chicago, HI.

Chicago, 111.

Urbana, HI.

Bloomington, Ind.
Danville, Ind.
Indianapolis, Ind.
Indianapolis, Ind.

Muncie, Ind.

Notre Dame, Ind.
Valparaiso, ]jid.

LIST OF LAW SCHOOLS

Students

^. ,

Name of Inshtdtion

Location

■Si
■§>>

■ss

o.s

IOWA

Drake Univ. College of Law

State University of Iowa,

College of Law

Des Moines, Iowa
Iowa City, Iowa

day

7
7

lOI

155

2
40

33
33

3
3

(120

KANSAS

University of Kansas,

Lawrence. Kansas
Topeka,' Kansas

day

dav

7
l8

171
87

Washburn College, School
of Law

KENTUCKY

State University of Ken-
tucky, College of Law. . .

Jefferson School Of Law. . .

State University, Central
Law School (colored).. . ,

University of Louisville,
Law Department

Lexington, Ky.
Louisville, Ky.

Louisville, Ky.

day
eve.

both

day

7
14

136
80

I
21

23
5

29
36

3
2

75
SO
7S

LOUISIANA

State University of Louisi-
ana, Law Department.. .

Loyola University, School
of Law

Tulane University of Louisi-
ana, College of Law

Baton Rouge, La.
New Orleans, La.
New Orleans, La.

day
eve.
day

17
13

6S
62
77

I
I

13
II

14
19

3
3
3

90
105

MAINE

University of Maine, Col-

day

100

MARYLAND

University of Maryland,
Law Sdiool

Baltimore, Md.

day

42s

MASSACHUSETTS

100,

Boston Univ., Law School.

Portia Law School

Suffolk School of Law

Northeastern College, School
of Law

Boston, Mass.
Boston, Mass.
Boston, Mass.

Boston, Mass.
Cambridge, Mass.

day
eve.
both

eve.
day

IS
II

416

;6o

396
791

67
3

786

3
4

4
3

ISO
60
60

Harvard Univ., Law School

ISO

MICHIGAN

University of Michigan,
Department of Law

Ann Arbor, Mich.

day

567

221

149

University of Detroit, Col-

Detroit, Mich.
Detroit, Mich.

both
both

72
220

S
16

3
3

Detroit College of Law (con-
ducted by Det. Y.M.C.A.)

THE LAW AS A VOCATION

Naue 07 Institution

Location

Students

a
1

■as

J.9

both
eve.
eve.

II
14
14

171
178
271

22
10
9

3
3
3

day

day
eve.

8
32

121
287

178

3
3

eve.

13s

both

190

3,4

day

132

day

196

both

176

3.4

eve.

both

196

day

233

both

267

both
day
day
day
both
a

S3
6
19
II
13
17

147
271
526
4SS
603
612

26
II
429
146
126
124

35
49
134
119
112

3
3.4
3
3
3
3

day

246

MINNESOTA
University of Minnesota,

College of Law

Minnesota College of Law.
St. Paul College of Law. . .

MISSISSIPPI
Millsaps College of Law . .
University of Mississippi,
School of Law

MISSOURI

University of Missouri,
School of Law

Kansas City School of Law

City College of Law and
Finance

St. Louis Univeisity, In-
stitute of Law

Washington University, St.
Louis Law School

MONTANA

University of Montana,

College of Law

NEBRASKA
University of Nebraska,

College of Law

Creighton Univ., Creighton

College of Law

University of Omaha, Oma-
ha School of Law

NEW JERSEY
New Jersey Law School . . .

NEW YORK
Union University, Albany

Law School

St. Lawrence University,
Brooklyn Law School . . .
University of Buffalo, Buf-
falo Law School

Cornell Univ., Col. of Law .
Columbia Univ., Sch.of Law
Fordham Univ., Sch.of Law

New York Law School

N. Y. Univ. Law School. . .
Syracuse University, Col-
lege of Law

Minneapolis, Minn.
Minneapolis, Minn.
St. Paul, Minn.

Jackson, Miss.
University, Miss.

Columbia, Mo.
Kansas City, Mo.

St. Louis, Mo.

Missoula, Mont.

Lincoln, Nebr.
Omaha, Nebr.
Omaha, Nebr.

Newark, N. J.

Albany. N. Y.

Brooklyn, N. Y,

Buffalo, N. Y.
Ithaca, N. Y.
New York, N. Y.
New York, N. Y.
New York, N. Y.
New York, N. Y.

Syracuse, N. Y.

LIST OF LAW SCHOOLS

.3
4|

Students

i«

Name ot Instituiion

Location

9 H

S ^

.a
e

NORTH CAROLINA

University of North Caro-

lina, Law Department . .

Chapel HiU, N. C.
Durham, N. C.

day

132

$70

Trinity College Law School

day

2,3

Wake Forest Col. Law Sch.

Wake Forest, N. C.

day

17s

NORTH DAKOTA

University of North Da-

kota College of Law

University, N. D.

day

OHIO

Ohio Northern University,

Ada College of Law

Ada, Ohio

day

Cmcinnati Law School

Cincinnati, Ohio

day

100

Y.M.C.A. Night Law Sch. .
Baldwin-Wallace College,

Cincinnati, Ohio

eve.

134

Cleveland Law School.. .

Cleveland, Ohio

eve.

250

West. Reserve Univ., Frank-

lin T. Backus Law School

Cleveland, Ohio

day

I2S

Ohio State University, Col-

lege of Law

Columbus, Ohio

day

i6s

St. John's University, Col-

lege of Law

Toledo, Ohio

eve.

AVgb «i AJtKI, ...........

OKLAHOMA

University of Oklahoma,

College of Law

Norman, Okla.

day

ISS

OREGON

Univ. of Oregon, Law School

Eugene Ore.

day

Willamette University, Col-

IpEre of Law

Salem, Ore.

PENNSYLVANIA

Dickinson College, Dickin-

son School of Law

Carlisle, Pa.
Philadelphia, Pa.

day

167

los

Temple Univ. Law School..

eve.

167

University of Pennsylvania,

Department of Law

Philadelphia, Pa.

day

2SS

134

200

Duquesne Univ., Sch. of Law

Pittsburgh, Pa.

both

100

University of Pittsburgh,
Pittsburgh Law School . .

Pittsburgh, Pa.

day

167

100

PORTO RICO

University of Porto Rico,

San Juan, Porto

College of Law

Rico

day

SOUTH CAROLINA

University of South Caro-
Ima Law School

Columbia, S. C.

day

THE LAW AS A VOCATION

Name of Ihstiiution

Location

Students

.9
J"

Ms
is

cdto

3 H

•a 01
O.S

day

eve.

day
day

7
4

4°
197

Z29

day

398

day

254

day
day

4
4

146
35

26
7

3
1

both

171

eve.

both

day

222

both

163

SOUTH DAKOTA

University of South Dakota,

College of Law

TENNESSEE
Chattanooga College of Law
University of Tennessee,

Law Department

Cumberland Univ. Law Sch.
Vanderbilt University, Law

Department

TEXAS
University of Texas, De-
partment of Law

UTAH
University of Utah, Col-
lege of Law

VIRGINLi

University of Virginia, De-
partment of Law

Washington and Lee Uni-
versity, School of Law . .

Kicbmond Coll., Sch. of Law

WASHINGTON
Univ. of Wash., Law School
Gonzago Univ., Law Dept.

WEST VIRGINIA

Wrat Virginia University,

College of Law

WISCONSIN
Univ. of Wisconsin, Law Sch.
Marquette University Col-
lege of Law

Vermilion, S. D.

Chattanooga, Tenn.

KnoxviUe, Tenn.
Lebanon, Tenn.

Nashville, Tenn.

Austin, Texas

Salt Lake City, U.

Charlottesville, Va.

Lexington, Va.
Richmond, Va.

Seattle, Wash.
Spokane, Wash.

Morgantown, W.
Va.

Madison Wis.
Milwaukee, Wis.

$50

zoo
100

I2S

so, 75

45
7S

^ Bay and afternoon.

* Afternoon.

' $25 to residents of Kansas; $35 to nonresidents.

* $100 to all students not residents of the United States.
B S70 to residents of Maine; $130 to nonresidents.

* $67 to residents of Michigan; $77 to nonresidents.
' Free to residents of Missouri.

B Morning, afternoon and evening.

B Free to residents of Oklahoma.
«> Afternoon.

u $25 to.students residents of West Vlr^ia: $50 to students nonresidents.
13 Free to students residents of Wisconsm; $50 per semester to students nonresidents.

.S^^

bibliographV^x

FoOTE, Mary S. The Need for College Instruc^urinthe Use of
Law Books. The Law Library Journal, vol. x, no. 2, July,
1917, pp. 25-31. The H. W. WUson Co., New York City.

Hakkis, Arthtir M. Letters to a Young Lawyer. West Pub-
lishing Co., St. Paul, Minn., 191 2.

Hill, Frederick Trevor. Lincoln the Lawyer. Century Co.,
New York, 1906.

Reed, John C. Conduct of Law Suits out of and in Court. In-
troduction by John H. Wigmore. Little, Brown, & Co.,
Boston, 191 2.

Root, Elihu. Public Service by the Bar. The Docket, 1705-

1708, January, 1917, St. Paul, Minn.
Tajt, William Howard. Four Aspects of Civic Duty: Yale

Lectures on the Responsibilities of Citizenship, pp. 35-60;

second lecture. The Duties of Citizenship Viewed from the

Standpoint of a Judge on the Bench. Charles Scribners'

Sons, New York, 1908.
The Lawyer of Ideals, n. s., vol. i. New Jersey Law

Review, pp. 1-19, May, 1915.
Warren, Charles. A History of the American Bar. Little,

Brown, & Co., Boston, 191 1.
Rules for Admission to the Bar in the Several States and Terri-
tories of the United States. West Publishing Co., St. Paul,

Minn., 1917.

Periodicals

The leading journals in this field frequently contain articles
which are of interest to the general reader, and many of the
technical articles are of such a character as to help one in gaining
a clearer conception of the opportunities and tendencies in the
legal profession. The Law Library Journal, published by the
Harvard Law School, gives a complete list of all legal publica-
tions together with the names of publishers. Nearly every large
law school issues a journal or edits a bulletin which may be pro-
cured upon request.

PBINTED AT

THE HARVARD UNIVERSITY PRESS

CAMBRIDGE, UASS., V. S. A.

KF 297 A9^

Author

Atlen. Frederick James

Vol.

Title

Law as a vocation

Copy

Date

Borrower's Name

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